Can the defence of laches be used in a claim for maintenance in the context of the maintenance of an infant?

British Columbia, Canada


The following excerpt is from Spedding v. Spedding, 1989 CanLII 2930 (BC SC):

In Daniels v. Lakes the court found that laches is not a proper prin­ciple to be applied to a claim for maintenance in respect of infants, but that in an appropriate case the court could give effect to the defence of delay.

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