What is the test for striking a claim for delay?
Manitoba, Canada
The following excerpt is from Cobbe's Plumbing & Heating Ltd. v. Westfair Properties Ltd., 2004 MBQB 31 (CanLII):
The factors which a court will look at in considering whether a claim should be struck for delay include the complexity of the case, the prejudice to the applicant party and the explanation for the delay (Law Society of Manitoba v. Eadie, supra, at p. 359).
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