A woman had her lawsuit against a Penticton strata complex's board tossed out by a judge on June 24, 2024; more than 12 years after it was filed. 

The lawsuit was filed in BC Supreme Court on Feb. 1, 2012, which was itself a refiling after it was dismissed from Provincial Court in 2011 due to jurisdictional issues. 

"Although there have been discussions between counsel from time to time, the fact is that no substantive steps have been taken for over a decade," reads the decision. "There can be no doubt that the delay has been inordinate."

The claim was based on mould issues in the attic, which might have been considered common property of the strata corporation.

That question, if the attic was common property or not, would have been the primary matter up for a decision following a trial. 

However, the lawsuit did not make it to trial. 

In fact, it was nearly tossed in 2017 over an application by the strata to dismiss the case for want of prosecution, which was resolved with an agreement to continue by both parties. 

Seven years later, the strata filed another application to dismiss for want of prosecution. 

This time, the Justice presiding over the case decided to give no more extensions. 

"There comes a time when the defendant is entitled to no longer be the subject of outstanding litigation, whether that litigation is resolved in its favour or not," Justice Wilson wrote in their decision.

The Justice noted that there had only been a four to six month period within the last four years where the woman's lawyer was ill as an acceptable reason for no progress to have been made. 

The other years of inactivity simply made the delays to the case both inordinate, and inexcusable.

The Justice awarded the strata corporation their legal costs in addition to dismissing the case.