In the case at bar, however, Smith J. stated that on an application to renew an originating process, only the “most limited consideration of the merits” is permitted, citing Seeliger. Beginning at para. 11 of his reasons, he discussed the question of prejudice, and referred to Sutherland v. McLeod, 2004 BCCA 653, which was expressly reaffirmed in Seeliger. Based on the authorities, he was of the view that the only prejudice relevant to the plaintiff’s application could be prejudice that arose “between the date the writ would otherwise have expired and the date on which it was ultimately served.” The defendants did not allege prejudice arising during that period. (Paras. 19-20.)
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