What is the test for unreasonable delay in determining whether an application can be successful?
British Columbia, Canada
The following excerpt is from R. v. Lind, 2007 BCPC 196 (CanLII):
I conclude that on an analysis of the first step of the McLachlin J. test in Regina v. Morin and having regard to the length of the delay and the various reasons for delay, the applicant has not made out a prima facie case for unreasonable delay. For this reason, his application must fail. It is not on this analysis necessary for me to go further and deal with prejudice.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
What are the factors used in determining whether a plaintiff has been successful in a long-delayed claim? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
What factors will determine the length of the delay in determining whether to grant a conditional discharge? (British Columbia, Canada)
What is the test for determining whether the petitioners were simply successful in their application for an oppression remedy? (British Columbia, Canada)
How has the adjudicator dealt with the issue of delay in determining whether a delay was legitimate and justified? (British Columbia, Canada)
What is the test for “substantial success” in determining whether either party had a good chance of success in their claim? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s delay in seeking counselling was unreasonable? (British Columbia, Canada)
What is the test for determining whether a plaintiff acted unreasonably by not pursuing a recommended treatment? (British Columbia, Canada)
