What are the factors used in determining whether a plaintiff has been successful in a long-delayed claim?
British Columbia, Canada
The following excerpt is from Mand v Cheema, 2021 BCSC 1854 (CanLII):
The factors identified in Letvad v. Fenwick, 2000 BCCA 630 [“Letvad”] at para. 29 are: • the extent of the delay; • the reasons for the delay; • any explanation put forward to account for the delay; • the degree of prejudice caused by delay; and • the extent of the connection, if any, between the existing claims and the proposed new cause of action.
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