What is the test for determining whether a delay in taking the action constitutes a bar?
Alberta, Canada
The following excerpt is from Goodman Estate v. Geffen, 1989 ABCA 206 (CanLII):
The respondents also urged that delay in taking the proceedings constituted a bar. Allcard v. Skinner was cited to us. For delay to constitute a bar there must, in my view, be a finding that any influence was removed, that the person previously under the influence was capable of acting to undo what was done, and chose not to do so. There is no such finding and the evidence would not support it. Moreover, in principle, for laches or acquiescence to constitute a bar there must be an element of unconscionability and there is no suggestion that the beneficiaries have suffered any cognizable detriment as a result of the delay.
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