Does the passage of time alter the course of the prosecution or defence of the case?
British Columbia, Canada
The following excerpt is from Dalrymple v. Briscoe, 1996 CanLII 8459 (BC SC):
I accept the statement of the law set out in the one case primarily relied upon and discussed by both parties, the decision of Master Chamberlist in Sutherland v. Lucas. For my purposes today, I simply find it appropriate to say that, in my view, the passage of time coupled with the sort of information produced subsequent to the last examination for discovery does mean that the prosecution or defence of the case, or the perception of the case by the parties (in this case particularly the defendant) has been altered, merely by the passage of time and the refining of the evidence by which the plaintiff intends to prove his claim.
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