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
The following excerpt is from University of Alberta v. Chang, 2011 ABQB 596 (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: Brar para. 37.
"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
What is the test for the presumption of serious prejudice caused by inordinate and inexcusable delay in bringing an action? (Alberta, Canada)
How have the courts interpreted Rule 9.13 of the Rules of Civil Procedure? (Alberta, Canada)
Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure? (Alberta, Canada)
Is there any case law where the onus is on the delaying party to make out a credible excuse for the delay? (Alberta, Canada)
What is the test for amendment to Rule 132 of the Rules of Civil Procedure? (Alberta, Canada)
What documents and records need to be disclosed under Rule 186.1 of the Rules of Civil Procedure? (Alberta, Canada)
What is the purpose of Rule 217 of the Rules of Civil Procedure? (Alberta, Canada)
What is the test for determining whether there is no scientifically proven cause or causes of fibromyalgia? (Alberta, Canada)
Can a person charged with a serious criminal offence that is serious and complex be granted legal aid at the expense of the state? (Alberta, Canada)
Does the discoverability rule of limitations apply to the discoveryability of a cause of action? (Alberta, Canada)
