What is the relevant delay for a renewal application brought after the period when the Writ (or Notice of Claim) has expired?
British Columbia, Canada
The following excerpt is from Boucher v. Value Village Stores Inc., 2010 BCPC 112 (CanLII):
The relevant period of delay for the purpose of a renewal application which is brought after the period when the Writ (or Notice of Claim) has expired runs from the date that the plaintiff learned that the Writ had not been served within time to the date of the renewal application (Sutherland v. McLeod 2004 BBCA 653, at para. [47]; Seeliger, supra, paras. [37] – [39]).
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