Is there any case law where the onus is on the delaying party to make out a credible excuse for the delay?
Alberta, Canada
The following excerpt is from Madore v Madore, 2016 ABQB 146 (CanLII):
In Kuziw, Wittmann J.A. held that the onus rests on the delaying party to “make out a credible excuse” for the delay (at para. 37). He then goes on to quote Salmon L.J. in Allen v. Sir Alfred McAlpine & Sons Ltd., [1968] 1 All E.R. 543 (C.A.) that “until a credible excuse is made out, the natural inference would be that it is inexcusable” (at para. 39).
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