What is the effect of inordinate delay in setting a tariff?

British Columbia, Canada


The following excerpt is from Walsh v. 422164 B.C. Ltd. et al., 2006 BCSC 1535 (CanLII):

In Irving at p. 162, Seaton J.A. referred to the explanation given by Salmon L.J. in Allen v. Sir Alfred McAlpine & Sons Ltd. et al., [1968] 2 Q.B. 229: It would be highly undesirable and indeed impossible to attempt to lay down a tariff -- so many years or more on one side of the line and a lesser period on the other. What is or is not inordinate delay must depend upon the facts of each particular case. These vary infinitely from case to case, but inordinate delay should not be too difficult to recognise when it occurs.

Again, in Goritsas v. Wiebe (1995), 1995 CanLII 216 (BC CA), 10 B.C.L.R. (3d) 102 (C.A.), Rowles J.A. wrote at p. 107 that the question of whether delay has been inordinate cannot be determined simply by reference to the time periods in other cases, since each individual case must be determined on its own particular facts.

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