In what circumstances have courts found that a renewal of a writ of motion was improperly renewed after the writ was issued in 1972 but not served?
British Columbia, Canada
The following excerpt is from Swetlishnoff v. Swetlishnoff, 2011 BCSC 1257 (CanLII):
In the case of Minter v. Reeves, [1979] B.C.J. No. 2084, the writ was issued in 1972 but not served. In 1978, the writ was renewed by an ex-parte order. There were no communications or steps taken in the proceeding between 1973 and 1978. The court found that the writ was improperly renewed given that there had been a delay of years, during which time the defendant had no reason to believe that the claim was being made.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the court award travel and legal costs in a Hague case where a child has been found to have been improperly retained and retained? (British Columbia, Canada)
In what circumstances have courts found that a plaintiff deliberately delayed serving a writ? (British Columbia, Canada)
In what circumstances will a court award special costs for an individual who has been found to have an improper motive in an action? (British Columbia, Canada)
In what circumstances will the Supreme Court order that an order be made by the Court of Appeal be made in special circumstances? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
In what circumstances have courts found that Williams Lake is the appropriate venue for a personal injury trial? (British Columbia, Canada)
In what circumstances will the court grant judgment by summary trial on a single issue? (British Columbia, Canada)
How have the courts in B.C. dealt with the issue of improper handrails on a private bridge? (British Columbia, Canada)
In what circumstances will the Court of Appeal in the Supreme Court consider 4 costs considerations? (British Columbia, Canada)
In what circumstances have courts found that the public hearing process in the Pitt Polder and Eddington cases was deficient? (British Columbia, Canada)
