What is the test for bringing an application for an extension of the term of time for a class of plaintiffs with three separate law firms and four named counsel working for them?

British Columbia, Canada


The following excerpt is from Harrington v. McGhan Nusil Corporation, 1999 BCCA 82 (CanLII):

It is indeed a sad commentary on the complexity of actions of this kind, which are intended for the efficient resolution of large-scale disputes, that a class of plaintiffs with three separate law firms and four named counsel working for them were apparently unable to bring on this application within a reasonable time. In my view, however, it is futile and inappropriate to try to assign blame for delays of the kind experienced here. Instead, this application falls to be decided on the other criteria referred to in Davies v. C.I.B.C., namely, the merits of the appeal, the question of prejudice to the parties, and, subsuming all of those criteria, whether it is in the interests of justice that the extension be granted.

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