What is the test for dismissing an application for delay?
Ontario, Canada
The following excerpt is from Tambeau v. Martin, 2020 ONSC 2483 (CanLII):
The test for dismissing a matter for delay requires balancing the dismissal of an application without the opportunity of the applicant to have his or her day in court as opposed to the prejudice presumed to be suffered from inordinate delay: Fakeiry v. Fakeiry, supra at para. 35.
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