What are the factors to take into account on an application for leave to file a third party notice outside the 42-day limitation period?
British Columbia, Canada
The following excerpt is from Marathon Capital LLC v 973613 Alberta Ltd., 2017 BCSC 2126 (CanLII):
The factors to take into account on an application for leave to file a third party notice outside the 42‑day time limit are summarized at para. 19 in Hadland v. Reems, 2015 BCSC 115: a) the reasons for the delay in filing the third‑party notice; b) any prejudice to the parties; c) the expiry of the limitation period; d) the merits of the proposed claim; e) any delay in the proceedings; f) the time limits of the application.
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