What is the legal test for explanation of delay in serving an action?
British Columbia, Canada
The following excerpt is from Boake v Blair, 2019 BCSC 830 (CanLII):
If a delay falls within a three year period in which the plaintiff was entitled to bring and serve an action, no explanation of the delay is necessary. The court also accepts that “inadvertence on the part of a lawyer” is an acceptable explanation as an honest error in judgment: see Ferguson v. Dippenaar, 2017 BCSC 1290 at para. 41.
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