What is the relevant delay for a renewal application brought after the period when the Writ (or Notice of Claim) has expired?

British Columbia, Canada


The following excerpt is from Boucher v. Value Village Stores Inc., 2010 BCPC 112 (CanLII):

The relevant period of delay for the purpose of a renewal application which is brought after the period when the Writ (or Notice of Claim) has expired runs from the date that the plaintiff learned that the Writ had not been served within time to the date of the renewal application (Sutherland v. McLeod 2004 BBCA 653, at para. [47]; Seeliger, supra, paras. [37] – [39]).

Other Questions


Is there any case law where an application to renew a writ of claim for damages was brought by a plaintiff who was an infant? (British Columbia, Canada)
Can an application to dismiss a claim as time barred by the operation of a statutory limitation period be properly brought? (British Columbia, Canada)
What is the maximum notice period for a notice of claim? (British Columbia, Canada)
If an application to file a third party notice is brought after 42 days of service, and if joinder will cause an adjournment of the trial, what is the burden on the applicants? (British Columbia, Canada)
What is the applicable notice period for a plaintiff in his claim for aggravated damages? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the appropriate notice period for a claim of near cause? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act? (British Columbia, Canada)
How have the courts in BC dealt with an application to add new parties to a claim for damages brought by a plaintiff who was injured in a motor vehicle accident in 2014? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.