Can an application for judicial review be successful on the basis of delay?
British Columbia, Canada
The following excerpt is from Foster v British Columbia (Superintendent of Motor Vehicles), 2018 BCSC 1194 (CanLII):
In Day v. Organization of Chartered Professional Accountants of British Columbia, 2017 BCSC 986, for example, Leask J. dismissed an application for judicial review on the basis of delay, explaining his conclusion as follows:
When assessing delay, courts have traditionally considered the length of the delay, whether there was a reasonable explanation for it, and whether the moving parties had suffered prejudice as a result of it: Ransom v. Ontario, 2010 ONSC 3156 at para. 5.… …
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