What is the test for determining whether a delay of more than a year is fatal to an application?
Alberta, Canada
The following excerpt is from Mangat v. Allen, 2010 ABQB 264 (CanLII):
In Dean v. Kociniak, 2001 CarswellAlta 709, 2001 ABQB 412, 92 Alta.L.R. (3d) 92, 289 A.R. 201, it was held that the mere fact that there was no satisfactory explanation for some or all of the delay was not fatal to the application.
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