What is the test for determining whether an action has been successful in the absence of time?
Saskatchewan, Canada
The following excerpt is from Board of Trustees of the Francis School District No. 777 et al. v. Board of the Regina (East) School Unit No. 20, 1974 CanLII 998 (SK QB):
In Harris v. Lindeborg, 1930 CanLII 28 (SCC), [1931] 1 D.L.R. 945, [1931] S.C.R. 235, Rinfret, J., as he then was, at p. 957 said this: … the action is not barred by any Statute of Limitations, and mere lapse of time is not sufficient to deprive the appellant of his equitable rights against the respondents. In order to decide whether the remedy should be granted or withheld, we must examine the nature of the acts done in the interval, the degree of change which has occurred, how far they have affected the parties and where lies the balance of justice and injustice. In these words he was paraphrasing the ratio in the Lindsay Petroleum case.
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