What is the test for inordinate delay?

Alberta, Canada


The following excerpt is from Kuziw v. Kucheran Estate, 2000 ABCA 226 (CanLII):

Inordinate delay was defined in Wallersteiner v. Moir [1974] 3 All A.R. 217 (C.A.) by Buckley, L.J., where he said at 243: . . . using that word [inordinate] to mean much in excess of what was reasonable having regard to the nature of the issues in the action and the circumstances of the case. In an application to dismiss for want of prosecution, the onus of showing the delay to have been inordinate is on the applicant - in this case, the respondent.

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