Is a delay of 18 months considered too long to bring a Rule 21 motion?
Ontario, Canada
The following excerpt is from Schellenberg v. International Brotherhood et. al., 2014 ONSC 7305 (CanLII):
A Rule 21 motion is a motion to determine a point of law based on the pleadings. The pleadings in this case were available for attack three and a half years ago and have not changed in the interim. See Colonna v. Bell Canada (1993), 15 C.P.C. (3rd) 65 where a delay of 18 months from the time the motion could have been brought was considered too long and the motion was dismissed.
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