What is the test for causing undue delay in deciding a personal injury case?
Manitoba, Canada
The following excerpt is from Funk v. Hiebert et al v. Dyck et al, 2007 MBQB 257 (CanLII):
In Law Society of Manitoba v. Eadie, supra, Twaddle J.A. stated the following: It seems to me that the fundamental principle is this: the litigant is entitled to have his case decided on its merits unless he is responsible for undue delay which has prejudiced the other party.
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