What are the factors that determine the delay in issuing a writ of limitation?
British Columbia, Canada
The following excerpt is from Chouinard v. O’Connor, 2011 BCSC 902 (CanLII):
I turn to a consideration of those various factors. First, the extent of the delay. The plaintiff argues as follows, that with the event occurring on June the 5th, 2005, and the writ being issued on December the 6th of 2006, the delay begins at the earliest at the time that the limitation period expires, which would be June the 5th of 2007. Add to that an additional year, the time within which a writ can be served, and at the earliest, the delay begins June the 5th of 2008, the plaintiff argues. Amezcua v. Taylor, 2010 BCCA 128.
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