RANGER v PRECISION GEOMATICS INC

This was an Appeal from a decision that reinstated a wrongful dismissal and oppression claim after it had been dismissed by an Applications Judge for delay. The Court of Appeal addressed dismissal under Rule 4.31 and summary dismissal under Rule 7.3. 

The Applications Judge had dismissed the claim under Rule 4.31, finding the delay inordinate and inexcusable, with presumed prejudice that was not rebutted. The Chambers Judge allowed the appeal, finding the delay inordinate but excusable in the circumstances, including the plaintiff’s personal and financial difficulties, the impact of the pandemic, and significant delay attributable to the defendant. The Chambers Judge also found that the defendant failed to demonstrate actual prejudice and that its filing of a Form 37 certificate of Trial readiness weighed against reliance on delay up to that point.

The Court of Appeal dismissed the Appeal, holding that the Chambers Judge committed no palpable and overriding error in exercising discretion under Rule 4.31. The Chambers Judge was entitled to consider the Plaintiff’s explanations for delay, the Defendant’s positive obligations to advance the litigation, and the absence of demonstrated prejudice. The Court confirmed that delay attributable to both parties may render otherwise inordinate delay excusable, and that steps indicating agreement that an action proceed, such as certifying Trial readiness, are relevant contextual factors. Given that dismissal under Rule 4.31 was not justified, there was no basis to interfere with the refusal to summarily dismiss the claim under Rule 7.3, and the matter was properly allowed to proceed to Trial.