Is there any case law where a delay in bringing a motion to obtain relief is due to the discovery of irregularity?
Ontario, Canada
The following excerpt is from Musa v. Schnitzler, 2006 CanLII 5882 (ON SC):
In this case there has been a delay of 4 years in bringing the motion since the irregularity was known and Pre-trial, discovery and a notice have intervened prior to the bringing of the motion. Wawanesa, they say is not entitled to the relief sought citing Fleet Street Financial Corporation v. Levinson, [2003] 31 C.P.C. (5th) 145 (S.C.J.).
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