CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Delay or failure to prosecute

Law360 Canada ( July 30, 2026, 9:43 AM EDT) -- Appeal by appellants from a decision declining to dismiss a claim by Forgotten Treasures International Inc. (respondent) for want of prosecution. The underlying action arose from the denial of an insurance claim for allegedly stolen sculptures and included claims in contract and tort against insurers and brokers. The action commenced in May 2018 and involved approximately six and one‑half years of delay, including a prolonged period attributable to the respondent’s unsuccessful attempt to obtain and preserve default judgment. The judge found the delay inordinate and the first approximately five years inexcusable but concluded, on a close call, that dismissal was not in the interests of justice. The appellants argued that the judge made a palpable and overriding factual error in finding that the appellants did not take issue with the pace of litigation until 2024, placed undue weight on the appellants’ lack of pressure on the respondent to proceed, and erred in treating the absence of public importance as a neutral factor. The issues were whether the judge made reviewable errors in applying the framework for dismissal for want of prosecution and in her assessment of the interests of justice....
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