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Not infrequently, a plaintiff loses interest in pursuing litigation without being willing to discontinue or settle, or starts litigation to preserve a limitation period without being committed to pursue it. Rule 22-77 of the BC Supreme Court Rules states that if it appears to the court that there is a want of prosecution in a proceeding, the court may order to dismiss the case. This rule has been applied based on analysis using a court-established test. But defendants in British Columbia who sought to use the rule to put an end to dormant litigation have often been frustrated in their attempts.

British columbiaUnited kingdomMaruska giacchettoJustice walkemJustice horsmanDavid gruberWiegertv rogersJennine punzalanSupreme courtDecision of the supreme courtBc supreme courtIntracorpsw marine limited partnershipAppellate courtStrata corporationInternational capital corporationv robinson twigg ketilsonGiacomini consulting canada inc