What is the test for a motion to delay a plaintiff's claim under the Rules of Civil Procedure?

Manitoba, Canada


The following excerpt is from Punwani v. Triathlon Leasing Inc. et al., 1999 CanLII 32255 (MB QB):

One of the leading cases regarding the interpretation and application of this rule is Law Society of Manitoba v. Eadie (1998), 54 Man.R.(2d) 1 (C.A.), in which Twaddle, J.A., stated at p. 4: "... For myself, I prefer to put all relevant considerations into a balance and decide, as a single question, whether it is just to take away from the litigant responsible for the delay the right to have his case deter mined on its merits. This involves, of course, the difficult task of balancing the basic right of that litigant with the right of the other party not to have his rights preju diced by undue delay. "Amongst the matters which should be taken into account on a motion such as this are: (i) the subject matter of the litigation; (ii) the complexity of the issues between the parties; (iii) the length of the delay; (iv) the explanation for the delay; (v) the prejudice to the other litigant." The Subject Matter And Complexity Of The Litigation

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