Can a plaintiff be accused of hoarding or abandoning her claim or sitting on her rights?
Saskatchewan, Canada
The following excerpt is from Chestolowsky v. Chestolowsky, 1973 CanLII 852 (SK QB):
In these circumstances, I do not think that the plaintiff can be accused of hoarding or abandoning her claim or sitting on her rights. I find that her lack of means, combined with her unsophisticated ways, her lack of education and the unfortunate experiences that she had with her former solicitors, who may not have been as generous of their time as they should have been, constitute “special circumstances” as that term was used by Gordon J.A. in McMillan v. McMillan, supra. I therefore do not intend to be bound by the “normal practice” rule.
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