Law360 Canada ( December 11, 2025, 9:31 AM EST) -- Appeal by the plaintiffs from an order dismissing their action for delay under the King’s Bench Rules, and the defendants’ counterclaim for delay. The plaintiffs, residents of the United Kingdom, commenced an action in July 2020 alleging that the defendants, residents of Manitoba, breached a partnership or joint venture agreement to operate a custom forage harvesting business, and claimed unjust enrichment and conversion. The defendants denied the claims and counterclaimed for monies allegedly owed under a separate agreement. Following procedural delays, including unresolved issues over security for costs and the late filing of pleadings, the defendants brought a delay motion in July 2023. The motion judge dismissed both the action and the counterclaim. The plaintiffs submitted that the motion judge erred in failing to consider the relevant three-year period immediately preceding the filing of the notice of motion to dismiss for delay, in concluding that the parties did not expressly agree to the delay, and in determining that there was not a significant advance in the action for a period of three or more years....