JUSTICE THE COURT OF APPEAL FOR SASKATCHEWAN GORDON SCRIMBIT (Plaintiff) APPELLANT and NED SHILLINGTON (Defendant) RESPONDENT CORAM: The Honourable Mr. Justice Cameron The Honourable Madam Justice Gerwing The Honourable Madam Justice Jackson COUNSEL: Mr. J.G. Garden for the appellant Mr. M. Morris for the respondent DISPOSITION: Appeal Heard: March 9, 1995 Appeal Dismissed: March 9, 1995 (oral) On Appeal From: 4520/86 J.C. Regina Reasons: March 13, 1995 Appeal File: No. 1929 Reasons by: The Honourable Mr. Justice Cameron CAMERON J.A. It will not be necessary to hear from you Mr. Morris. Having regard for the standard of review applicable to this appeal, we can find no tenable basis for interfering with the order made in the Court of Queen's Bench. In other words, Mr. Garden, we have not been persuaded that Mr. Justice Kyle either erred in principle in the exercise of the discretionary powers of the Court to dismiss for want of prosecution where there has been inordinate and inexcusable giving rise to prejudice, or overlooked or disregarded a material consideration, or acted unjudicially. That being so, there is nothing vitiating the exercise by the chamber judge of discretion and no basis for interference by us. Accordingly, the appeal is dismissed with costs to the respondent, such costs to be taxed in the usual way.
The Defendant applied to strike out the Plaintiff's action for want of prosecution. The application was successful. The Plaintiff appealed. HELD: Appeal dismissed. The Court was not persuaded that the Chambers Judge had either erred in principle in the exercise of the discretionary powers of the Court to dismiss for want of prosecution where there has been inordinate and inexcusable delay giving rise to prejudice, or overlooked or disregarded a material consideration, or acted unjudicially.