Can a litigant's ongoing medical problems excuse some delay in the hearing of the application?
Manitoba, Canada
The following excerpt is from Laing v. Sekundiak, 2013 MBQB 17 (CanLII):
At every stage the applicant has referred to her ongoing medical problems as a factor excusing some of the delay in the hearing of the application. Her medical conditions are set out in her affidavits and appear genuine. The respondent has never cross-examined the applicant or challenged her claims. Where a litigant’s ongoing medical problems are genuine, they can be a factor that can excuse some delay in a proceeding. See Frank v. Alpert et al., 1970 CanLII 198 (SCC), [1971] S.C.R. 637.
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