Is there any case law where a delay of more than 20 years was justified by impecuniosity?
British Columbia, Canada
The following excerpt is from Stewart v. Canquest Resource Corp., 1997 CanLII 4230 (BC SC):
18. Counsel says that the delay is not inexcusable. It is justified by the impecuniosity of the plaintiffs. And reference was made to the decision of Seaton, J. in the leading case of Irving v. Irving et al (1982) 1982 CanLII 475 (BC CA), 38 B.C.L.R. 318 (C.A.). I observe here that impecuniosity is one of the many factors or circumstances to be considered. However, the evidence is that during the delay the plaintiff was involved in at least three other actions; also that it only became a factor in July, 1996. Further, and in any event, I would not describe the delay as one forced on the plaintiff by impecuniosity.
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