What are the principles to apply in a motion to extend the time for service in a claim?
Ontario, Canada
The following excerpt is from Piccone v Jack Astor’s, 2017 ONSC 1112 (CanLII):
Justice Fedak stated the principles to be applied in a motion to extend the time for service in Lico v. Griffiths (1996). He stated: In reviewing the case-law I derive the following propositions that are applicable to the present case. Firstly, the court may order time for filing a statement of claim be extended where it will advance the just resolution of the dispute, without prejudice or unfairness to one or both of the parties. Secondly, the assessment of whether an extension of time is appropriate on this principle will turn on the facts of each individual case. Thirdly, a plaintiff’s solicitors inadvertence in not issuing or serving the statement of claim, should not undermine the just resolution of the dispute on its merits, where the defendants ability to defend the proceeding has not been jeopardized by the delay caused by the plaintiffs solicitor.[3] [Emphasis added]
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