What is the test for deliberate delay in serving a writ of summons against a defendant?
Ontario, Canada
The following excerpt is from Munyal v. Dhillon, 2004 CanLII 30893 (ON SC):
In Gaudet v. Levy, [1983] O.J. No. 1060 (Div. Ct.), Craig J. held that courts have been reluctant to grant relief for deliberate delays. The writ of summons was not served upon the defendant, because of a conscious decision, by the plaintiff’s then solicitor, to let the writ expire because of medical evidence, and opinion, obtained by him, did not support a claim for negligence against the defendants.
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