What is the test for intentional delay in the prosecution of an action?
Ontario, Canada
The following excerpt is from Malhotra et al v Khokhar et al, 2015 ONSC 2587 (CanLII):
It has been held that any delay in the prosecution of an action requires an explanation. In the absence of an explanation by the plaintiff, the presumption is that the delay was intentional. (Berg v. Robbins, 2009 CarswellOnt 8705, 266 O.A.C. 200 (Div.Ct.))
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