What is the test for granting a discretionary remedy in a motion to extend the time of a delay in completing a project?
Canada (Federal), Canada
The following excerpt is from Budget Steel Ltd. v. Seaspan 175 (The), 2003 FCT 390 (CanLII):
Delay may bar a discretionary remedy, however one also usually looks to any resulting prejudice in order to waive the importance of the delay: see for example the application of this principle in Friends of The Oldman River Society v. Canada (Minister of Transport), 1992 CanLII 110 (SCC), [1992] 1 S.C.R. 3 (S.C.C.) at 77 for an application of this principle. As I have said, there would be no real prejudice in granting the time extension.
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