What is the test for bringing an action for damages against a former co-defendant who alleges that she was sexually harassed by her ex-partner while working with him?
British Columbia, Canada
The following excerpt is from Callan v Cooke, 2021 BCSC 2481 (CanLII):
When considering the interests of justice, courts must exercise their discretion with two principles in mind, as stated in Scurfield v. Air Canada, 2017 BCSC 1437 at para. 47: (a) An action should be brought to trial with reasonable diligence and expedition in the interest of justice; and (b) The longer the delay, especially where the resolution of disputed facts and issues will depend on the recollection of witnesses as to what was said and done, the less likely a fair trial of the issues is possible and that, therefore, justice will be done.
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