What is the test for determining whether a party has been granted an adjourned motion for over a year?
Manitoba, Canada
The following excerpt is from Assi et al v. Drory et al, 2009 MBQB 161 (CanLII):
The decision in the case of The Law Society of Manitoba v. Eadie (supra) sets forth the commonly accepted five principles that the court must consider: a) the subject matter of the litigation; b) the complexity of the issues between the parties; c) the length of the delay; d) the explanation for the delay; e) the prejudice to the other litigant.
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