In what circumstances have courts found that a delay of more than 3 years was inordinate on the facts of a claim for damages brought against a former solicitor?
British Columbia, Canada
The following excerpt is from Walsh v. 422164 B.C. Ltd. et al., 2006 BCSC 1535 (CanLII):
In Kern v. Watson (1997), 1997 CanLII 1854 (BC SC), 32 B.C.L.R. (3d) 398 (S.C.), Warren J. observed that there is a particular onus to proceed expeditiously when a party has levelled allegations of serious impropriety. There, the plaintiffs had alleged negligence, breach of contract, and fraudulent misrepresentation on the part of their former solicitors. In finding that a delay of a more than three years was inordinate on the facts of that case, he wrote at p. 402: In my view where there are serious allegations levelled against a party such of those allegations levelled against these Defendants in the pleadings before me, there is a particular onus on the Plaintiffs to pursue its relief diligently.
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