What is the legal framework for bringing an application to renew a writ of limitation?
British Columbia, Canada
The following excerpt is from MacKenzie v. Doe, 2003 BCSC 1334 (CanLII):
Turning to the legal framework, the leading case is Bearhead v. Moorhouse. I am not going to give the citation. The first test set out in that case is whether the application was brought promptly. Quite clearly, in my view, it was not. The writ expired September 2000. The application to renew was not instigated until June of 2002, and then, as I have indicated, it still proceeded extremely sluggishly. So quite clearly, in my view, the application has not been brought promptly.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal framework applicable to determining an appropriate award for past and future income earning capacity? (British Columbia, Canada)
What is the legal test for an application to compel the Court to consider a number of principles on an application? (British Columbia, Canada)
What is the applicable law for a renewal application? (British Columbia, Canada)
What are the legal principles applicable to an application to strike? (British Columbia, Canada)
When bringing an ex parte application, can the applicant make full and frank disclosure of all material facts? (British Columbia, Canada)
What is the legal framework governing interim applications for an interim order? (British Columbia, Canada)
What is the legal framework for an application to set aside a jury notice? (British Columbia, Canada)
What is the legal test of legal sufficiency on an application to amend a pleading under Rule 9-5(1)(a)? (British Columbia, Canada)
What factors will be considered in deciding whether to bring an application for summary trial? (British Columbia, Canada)
Can a landlord exercise a right to renew a lease if the landlord fails to provide a written notice of the tenant’s intention to apply for a renewal? (British Columbia, Canada)
