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

Can an application for renewal be brought outside of the 12-month period in which the Statement of Claim is in force? (Alberta, Canada)
What is the limitation period for an application for equalization brought more than six years after the date of an application was made? (Ontario, 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 factors are considered to be relevant in determining whether an application for reinstatement should be made after receipt of a deemed abandonment notice? (Newfoundland and Labrador, Canada)
Is Stelcrete entitled to claim compensation for the cost of replacement insurance coverage where the notice period has expired? (Ontario, 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 a reasonable excuse can be established in a notice notice application if someone is temporarily incapable of attending to his affairs or giving instructions during the notice period? (Saskatchewan, Canada)
What is the maximum notice period for a notice of claim? (British Columbia, Canada)
What is the limitation period for a plaintiff to claim after furnishing reasonably sufficient proof of loss for claim? (British Columbia, Canada)
In what circumstances will a tenant be evicted from a rental unit after the statutory statutory period has expired if they bring a moving van to the former rental unit during the statutory period? (Ontario, Canada)
Grey70logo nobg 96dpi


Company

  • About
  • Mission
  • Testimonials
  • Careers
  • Contact

    • Product

  • How It Works
  • Memo Structure
  • Sample Memos
  • Best Practices

    • Resources

  • Blog
  • Caselaw Roundup
  • Terms of Service
  • Privacy Policy


    • @ Copyright 2022 Alexsei Inc. All rights reserved.