What is the test for making an application to vary a motor vehicle license?
Saskatchewan, Canada
The following excerpt is from Kirzinger v. Kalthoff, 1964 CanLII 340 (SK QB):
In Marshall v. Ryan Motors Ltd. (No. 2) 1922 CanLII 279 (SK CA), [1922] 2 WWR 140, dismissing application to vary 1922 CanLII 142 (SK CA), [1922] 1 WWR 364, 15 Sask LR 118, Haultain, C.J.S. (Lamont, J.A. concurring) said: “I also think that this application should have been made at the earliest possible moment after judgment was delivered. The necessity for such an application as this could not reasonably have been foreseen before judgment was delivered. * * * But the application should be made as soon as possible after he has recovered such a judgment, and not, as in this case, after an interval of more than a month and a half, while in the meantime formal judgment has been deliberately entered by the appellant himself.”
"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
Can a defendant be found not to be negligent in a motor vehicle accident where the vehicle is locked in a fenced-off secure area and the keys to the vehicle are locked? (Saskatchewan, Canada)
How have courts dealt with a claim for damages arising out of a motor vehicle accident under the Motor Vehicle Accident Prevention Act? (Saskatchewan, Canada)
Can an application be made for an extension of time on an application to extend the time on which the application is granted? (Saskatchewan, Canada)
What is the test for making payment in a motor vehicle case? (Saskatchewan, Canada)
What is the test for appeal against a finding that a motor vehicle is not a vehicle? (Saskatchewan, Canada)
What is the effect of using economic and actuarial evidence on an award for head of damage in a motor vehicle accident? (Saskatchewan, Canada)
What is the test for loss of earning capacity for a plaintiff in a motor vehicle accident? (Saskatchewan, Canada)
What is the burden of proving negligence against a defendant in a motor vehicle accident case? (Saskatchewan, Canada)
What is the test for determining whether an employer is liable for injuries sustained by a plaintiff in a motor vehicle accident? (Saskatchewan, Canada)
What is the impact of a motor vehicle accident on an insurance policy? (Saskatchewan, Canada)
