What is the test for establishing that delay is inordinate and inexcusable?
British Columbia, Canada
The following excerpt is from Dodd v Stork Craft Manufacturing Inc., 2022 BCSC 512 (CanLII):
Once a defendant establishes that delay is inordinate and inexcusable, a rebuttable presumption of prejudice arises: Busse v. Chertkow, 1999 BCCA 313 at para. 18. The concern is with the prejudice that a defendant will suffer in mounting and presenting a defence if the matter goes to trial: 0690860 at para. 27. Relevant matters could include failing memories, unavailable witnesses and the loss or destruction of physical evidence…
"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
When a delay in obtaining a hearing is inordinate and inexcusable, is there a presumption of prejudice? (British Columbia, Canada)
Does a delay of one year delay in a career as a pilot affect a plaintiff's career prospects as a lawyer? (British Columbia, Canada)
What is excusability for a lawyer to delay or delay a trial? (British Columbia, Canada)
How has the adjudicator dealt with the issue of delay in determining whether a delay was legitimate and justified? (British Columbia, Canada)
Is there a delay between the date of separation and the triggering event sufficient to establish unfairness in the division of pension benefits? (British Columbia, Canada)
Is there any case law where the delay in bringing a claim for damages was inordinate? (British Columbia, Canada)
What is the effect of inordinate delay in setting a tariff? (British Columbia, Canada)
What is the length of delay for a post-charge delay? (British Columbia, Canada)
In what circumstances have courts found that a delay of more than 3 years was inordinate on the facts of a claim for damages brought against a former solicitor? (British Columbia, Canada)
What is the reason for delay and the length of delay? (British Columbia, Canada)
