What is the test for the presumption of serious prejudice caused by inordinate and inexcusable delay in bringing an action?
Alberta, Canada
The following excerpt is from University of Alberta v. Chang, 2011 ABQB 595 (CanLII):
The case Brar v. Pawa is authority that the presumption of serious prejudice caused by inordinate and inexcusable delay is preserved under the new rules and that such prejudice is sufficient in and of itself to have the action dismissed without evidence from the respondent to rebut the presumption.
"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
Is there any case law where the presumption of serious prejudice caused by inordinate and inexcusable delay was preserved under the new rules? (Alberta, Canada)
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
What is the test for a plaintiff to bring an action against the owner of the premises for damages caused by the owner’s negligence? (Alberta, Canada)
Is there any case law where a delay of 4 years or more was brought in bringing an action in good faith? (Alberta, Canada)
What is the test for determining whether a delay in taking the action constitutes a bar? (Alberta, Canada)
Does a motion to strike have to be considered a cause of action? (Alberta, Canada)
What is the test for determining whether there is no scientifically proven cause or causes of fibromyalgia? (Alberta, Canada)
What is the meaning of intent without corresponding action in a divorce action? (Alberta, Canada)
Can a defendant bring an application to have a separate action for replevin consolidated? (Alberta, Canada)
Can a plaintiff amend their statement of claim to add a new cause of action? (Alberta, Canada)
