What is the test for determining whether a party has been granted an adjourned motion for over a year?
Manitoba, Canada
The following excerpt is from Assi et al v. Drory et al, 2009 MBQB 161 (CanLII):
The decision in the case of The Law Society of Manitoba v. Eadie (supra) sets forth the commonly accepted five principles that the court must consider: a) the subject matter of the litigation; b) the complexity of the issues between the parties; c) the length of the delay; d) the explanation for the delay; e) the prejudice to the other litigant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a party can obtain damages from a party who infringes the same law? (Manitoba, Canada)
Is a party entitled to party and party costs? (Manitoba, Canada)
Are party and party costs appropriate on Class III on a motion? (Manitoba, Canada)
What is the test for determining whether parties to a conjugal relationship have separated? (Manitoba, Canada)
In what circumstances will a party be bound by a third party's expectation of receiving something in return? (Manitoba, Canada)
What is the test for determining whether the City of Vancouver is liable in negligence under the Anns Test? (Manitoba, Canada)
What are the principles to apply in the context of a motion by a plaintiff to have his case considered on the merits of the motion? (Manitoba, Canada)
What is the test for granting occupation rent to a party of a marriage? (Manitoba, Canada)
What is the impact of the sophistication of the individual defendant on the determination of inherent prejudice in a motion? (Manitoba, Canada)
How have courts in Canada dealt with a claim for delay in determining whether or not to dismiss the claim for wrongful death due to the long delay? (Manitoba, Canada)
