How do you proceed in a personal injury case?
Saskatchewan, Canada
The following excerpt is from McDiarmid Lumber ltd. v. Ochapowace First Nation, 2010 SKQB 402 (CanLII):
The best way to proceed is by adjusting the Carey v. Twohig approach so that a finding to the effect a defendant will likely suffer serious prejudice is not a strict precondition to striking a claim. Rather, the question of prejudice should be a factor - an important one - considered when determining whether it is in the interests of justice that a claim proceed to trial notwithstanding inordinate and inexcusable delay. ... [emphasis added]
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