What is the onus on the defending party to establish a credible excuse for inordinate delay?
Alberta, Canada
The following excerpt is from Deis v. Koch Oil Ltd., 2001 ABQB 997 (CanLII):
The onus to establish a credible excuse for the inordinate delay lies upon the defending party: Kuziw v. Kucheran Estate, at para. 37. The parties agreed that the existence of a credible excuse turns on the facts and circumstances of each case.
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