In assessing a plea of postponement, the court will necessarily be required to determine when the action should have been commenced. This invokes questions such as “when did [the plaintiffs] get appropriate advice and acquire sufficient knowledge” which would have allowed them to commence proceedings, as well as “what is the period of postponement”: Homalco Indian Band v. British Columbia, 2001 BCSC 1566 at para. 15. This necessarily requires an inquiry into the party’s subjective understanding of their own circumstances and interests: Harry v. British Columbia, 2002 BCCA 557 [Harry] at para. 17.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.