Can a claim of delay be considered relevant in the context of a motion for summary judgment?
Alberta, Canada
The following excerpt is from Poppies International Inc. v. International Hasco Trading Co., 2008 ABQB 531 (CanLII):
The question of delay was also considered in Crocker-McEwing v. Drake 2001 ABQB 13, where the court held that a complaint of delay “would be relevant if the delay caused adjudicative unfairness to the plaintiff, or if it was associated with abuse or misuse or delay of the legal process such as to invoke equitable notions.”
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