What is the test for a motion alleging that a plaintiff has been delayed or prejudiced?
Manitoba, Canada
The following excerpt is from Funk et al v. Hildebrand, 2007 MBQB 71 (CanLII):
In my view, none of the defendant’s allegations as to either delay or to prejudice rise to the level which would meet the test contemplated by Twaddle J. A. in Law Society of Manitoba v. Eadie (supra), and justifying taking away from the plaintiffs the right to have their case determined on its merits.
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