What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful?

British Columbia, Canada


The following excerpt is from Knight v Imperial Tobacco Canada Limited, 2017 BCSC 1487 (CanLII):

The first factor is whether there has been “inordinate delay”. Inordinate delay means a lengthy delay that exceeds the normal timeframe for litigation of a similar type or nature, subject to the particular facts of the litigation in question. A relatively short delay in some cases may be inordinate while a very lengthy delay in other cases may not be: Wright v. Yen, 2013 BCSC 753 [“Wright”] at para. 26.

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