What are the principles that apply in an application for damages arising out of a long-delayed claim?
British Columbia, Canada
The following excerpt is from Cheng v. Nguyen, 2013 BCSC 2552 (CanLII):
Hence, we look at the principles that apply in applications of this kind and they are found in Beaulac v. Golden, 2011 BCSC 719 at para. 4 as relied upon by the plaintiff. They are set out quoting from a decision in Letvad v. Fenwick, 2000 BCCA 630: ... the guidelines to which the chambers judge is required to have regard include these: - the extent of the delay; - the reasons for the delay; - any explanation put forward to account for the delay; - the degree of prejudice caused by the delay; and - the extent of the connection, if any, between the existing claims and the proposed new cause of action.
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