What is the impact of delay in determining whether a claim can be brought before trial?
Ontario, Canada
The following excerpt is from Graci v. Illerbrun, 2004 CanLII 34387 (ON SC):
The delay in this case would not be a serious factor if the policy stated by Nordheimer J. in Nelson v. Ford Motor Co. of Canada, [2000] O.J. No. 939 at para. 7, was achieved: Further, while I appreciate the desire to have matters dealt with quickly, it does seem to me that there is a benefit to be obtained from determining such issues at any point earlier than the actual trial of the proceeding. Such a determination may narrow the scope of the proceeding, shorten the length of the trial, and thereby save all parties time and expense.
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