What is the impact of a newspaper on a plaintiff’s claim for damages?
British Columbia, Canada
The following excerpt is from Bearhead v. Moorhouse, 1977 CanLII 346 (BC SC):
What of the plaintiff’s conduct? Apart from the actions of his solicitor, he himself does not seem to be at fault. Failure of a solicitor to act promptly has been held not to be “very special circumstances” (see Cropp v. Moreton, supra, at p. 646), but it is, nevertheless, a factor to be considered with all other factors in the overall picture. In the present situation I find that the delay was caused not only by the plaintiff’s solicitor in Alberta, and his agents in British Columbia, but by the registry of this court and by the newspaper in Alberta.
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