What procedural requirements must be met by an applicant seeking an extension of time pursuant to s. 15 of the Hospital Standards Act?

Saskatchewan, Canada


The following excerpt is from Hanbidge v. Saskatchewan, 2006 SKQB 461 (CanLII):

In Peyson v. Vuksic, supra, the procedural requirements to be met by an applicant seeking an extension of time pursuant to s. 15 of The Hospital Standards Act are summarized as follows : The applicant must file material setting forth a prima facie cause of action. The material should include affidavits setting forth relevant facts in sufficient detail to indicate the nature of the cause of action claimed and a short memorandum of law in support thereof. This requirement can be met in part by the applicant deposing on information and belief as to the truth the facts pleaded in the statement of claim the applicant seeks to issue. The applicant must provide a reasonable explanation of the delay in commencing an action. To do so, the applicant must account for her or his actions, or the lack thereof, during the entire period under review in sufficient detail to allow the court to determine whether the delay is reasonable in the circumstances. The applicant must establish that no obvious prejudice to the other party exists because of the delay; thereafter, the burden of proving prejudice will shift to the party claiming prejudice. These requirements in my opinion equally apply to applications under s. 2(1)(b).

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