What is the test for an application for an extension of time to commence an action?
Saskatchewan, Canada
The following excerpt is from Marshall v. Canada (Attorney General), 2008 SKQB 113 (CanLII):
The second part of the test is that it is incumbent upon the plaintiff to explain the delay in applying for an extension of time to commence the action. In the Peyson v. Vuksic case, supra, Klebuc J. (as he then was) indicated that it was incumbent upon the applicant to provide a reasonable explanation for the delay in proceedings and stated at paragraph 17:
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