This was an Application to dismiss an Action pursuant to Rule 4.31. The case arose from allegations by Quikcard Benefits Consulting Inc. that the Defendants retained insurance sales commissions mistakenly paid to them and breached a non-solicit agreement. The litigation included claims and counterclaims involving defamation, breach of contract, and other related allegations.

The procedural history spanned from 2016, when the Actions were initiated in Provincial Court and subsequently transferred and consolidated with Actions in the King’s Bench, through multiple procedural steps from 2017 to 2023. These steps included the filing of various Claims, Defences, and Counterclaims, service of Affidavits, cross-examinations, and Applications related to the management of the case.

The Applicants argued for dismissal based on procedural delays and prejudice resulting from these delays, including the death of a key witness and the loss of evidence. The Respondents argued against the dismissal, emphasizing their ongoing efforts to advance the case and manage procedural issues, and disputed the extent of prejudice claimed by the Applicants.

Applications Judge Smart analyzed the procedural history, the nature of delays, and their impact on the parties. Despite acknowledging the complexity of the case and the efforts by both parties to advance proceedings, the Court found that the delays, particularly those related to the loss of key evidence and the death of a critical witness, significantly prejudiced the Applicants. Consequently, the Action and Counterclaim were dismissed.