What is the defence of laches?
British Columbia, Canada
The following excerpt is from Lower v Investment Industry Regulatory Organization of Canada, 2019 BCSC 2188 (CanLII):
There are two branches to the defence of laches, either of which will suffice to bar a claim: a) delay in instituting or prosecuting the claim which amounts to acquiescence to the defendant’s conduct; or b) delay in instituting or prosecuting the claim which caused the defendant to alter its position in reasonable reliance on the plaintiff’s acceptance of the status quo, or otherwise permitted a situation to arise which makes it unjust to disturb. See: M.(K). v. M.(H.), 1992 CanLII 31 (SCC), [1992] 3 S.C.R. 6 at pages 77-78, and Williamson v. Saywell, 2006 BCSC 1307 at paras. 27-38.
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