What are the factors that must be considered on an application for a motion to obtain damages for a delay of more than two years?
British Columbia, Canada
The following excerpt is from Walsh v. 422164 B.C. Ltd. et al., 2006 BCSC 1535 (CanLII):
As set out in Irving v. Irving (1982),1982 CanLII 475 (BC CA), 140 D.L.R. (3d) 157 (B.C.C.A.), the factors that must be considered on such an application are: (a) whether there has been an inordinate delay; (b) whether the delay is inexcusable; and (c) whether the defendant is likely to be seriously prejudiced by the delay.
"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 factors have been considered in assessing damages for non-pecuniary damages? (British Columbia, Canada)
What factors will be considered in determining entitlement to damages under the head of damage? (British Columbia, Canada)
What is the first factor under section 16.92 of the BCCA Act, s.16.92, and what factors will the court consider in deciding a relocation application? (British Columbia, Canada)
What is the test for an application for a stay of execution of a motion for a motion to quash a motion of appeal? (British Columbia, Canada)
What are the factors the court must consider when assessing damages for non-pecuniary damages? (British Columbia, Canada)
Is there an undueordinate delay of 2 and a half years to 3 years for a summary trial application? (British Columbia, Canada)
Does a motion to renew an originating process have to be considered on the merits of the application? (British Columbia, Canada)
What factors have been considered in determining the quantum of damages for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What factors are considered to determine the quantum of damages awarded in a motor vehicle accident case? (British Columbia, Canada)
What factors will be considered in deciding whether to bring an application for summary trial? (British Columbia, Canada)
