What is the applicable law for a renewal application?
British Columbia, Canada
The following excerpt is from Seeliger v. Eagle Ridge Hospital, 2007 BCCA 582 (CanLII):
The chambers judge commenced his analysis of the applicable law with reference to Bearhead v. Moorhouse et al. (1977), 1977 CanLII 346 (BC SC), 3 B.C.L.R. 81 (S.C.), aff’d (1978), 1978 CanLII 360 (BC CA), 5 B.C.L.R. 380, 87 D.L.R. (3d) 52 (C.A.). He noted that the chambers judge in Bearhead recognized five factors that should be considered in a renewal application. He set them out as: 1. Was the application brought promptly; 2. Did the defendant have notice of the claim from sources other than the writ; 3. Has the defendant suffered prejudice; 4. Was the failure to serve the writ attributable to the actions of the defendant; 5. Was the plaintiff or his solicitor at fault.
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