Maan v Maan

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca369, 2026 bcca 369 (canlii), 2026, bcca, 369, (canlii), ca51231, 2026, procedure, want of prosecution, appeal, giacomini consulting canada inc. v the owners, strata plan eps 3173, application dismissed despite inordinate and inexcusable delay, interests of justice balancing and discretionary decision, deference on appeal for palpable and overriding error and error in principle, appeal dismissed, procedure, want of prosecution, revised test, whether judge erred in articulating and applying the revised test, no presumption or onus in favour of dismissal once delay established, holistic assessment of interests of justice, including prejudice as a factor, no reversible error in applying giacomini, appeal dismissed, procedure, want of prosecution, prejudice, death of witness, whether appellants were prejudiced by death of the corporate lawyer witness, assessment of claimed litigation prejudice within interests of justice, asymmetry between hearsay evidence and first, hand accounts considered, finding witness not “key” for appellants upheld, appeal dismissed, procedure, want of prosecution, interests of justice, serious allegations, whether serious nature and age of allegations were overlooked, international capital corporation factor (impact on professional, business, or personal interests) considered as framed by record, health impact evidence treated as inadmissible opinion without expert evidence, no error in analysis, appeal dismissed