Does reliance on Guerin apply to the defence of laches?
Ontario, Canada
The following excerpt is from Chippewas of Saugeen First Nation et al. v. The Attorney General of Canada et al., 2021 ONSC 4181 (CanLII):
Ontario disagrees, noting that this type of reliance on Guerin has been rejected in the context of a limitations defence: see e.g., Peepeekisis First Nation v. Canada, 2013 FCA 191, [2014] 1 C.N.L.R. 306, at para. 50. Yet laches is an equitable defence and therefore allows for more latitude when considering all potentially relevant context. The specific context of the delay is important to the determination of laches.
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