What is the test for a wrongful dismissal action?

Finally Hurricane argues that the wrongful dismissal action should be struck on the basis of the doctrine of laches as set out by Bielby, J. in Broder v. Broder, 2004 A.J. No. 273. In applying the doctrine of laches, important factors include the length of delay and the nature of acts done during the interval which affect either party and affect the balance of justice or injustice. Applying that reasoning, Hurricane argues that the delay has been inexcusable and significant acts have occurred on the part of Hurricane which tips the balance in favour of applying the doctrine of laches.