Does a party have to wait to get a hearing on the merits of a motion to sue for delay?
Ontario, Canada
The following excerpt is from Panther Film Services Inc. v HSBC Bank Canada, 2016 ONSC 3156 (CanLII):
Panther argues that where the responsibility for the delay is shared, the delay becomes excusable: Attorney General of Canada v. Boeing, [1996] O.J. No. 1793, 1996 CarswellOnt 2167 (Gen.Div.). In that case, the Forget J. found hat where that happens the plaintiff should not be denied his or her right to have the case tried on the merits.
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