Litigation File Management Failures and Dismissal Risk

In October 2017, a building materials supplier in Kamloops, British Columbia filed a construction lien claim against a property developer, seeking validation and judgment. After exchanging affidavit evidence in September 2019, the developer's counsel promised by email to file a response upon returning from travel. Over the next 3 years, sporadic correspondence followed—the supplier repeatedly requesting the affidavit within 1 to 2 weeks and warning of proceeding to judgment, the developer proposing settlement discussions and pushing back deadlines. By June 2022, the developer contended the claim should be reduced to approximately $24,000. The supplier did not reply.

In March 2023—nearly 6 years after the original filing—the supplier sought judgment. The developer responded by moving to dismiss the entire action for inactivity exceeding 3 years. The supplier's position rested on reliance upon the 2019 promise and ongoing correspondence as evidence of good faith engagement.

Comments & questions