If a motion is deficient in providing an explanation of litigation delay, is the court bound to make a decision based on the evidence before it?
Ontario, Canada
The following excerpt is from Hernandez v. Lariviere, 2014 ONSC 7158 (CanLII):
If the motion record of the moving party is deficient with respect to an explanation of litigation delay, the court is bound to make a decision based on the evidence before it. Li v. Powermar [2006] O.J. No. 4264 at para. 57
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