What is the test for a plea of postponement?

British Columbia, Canada

The following excerpt is from Araya v Nevsun Resources Ltd., 2019 BCSC 260 (CanLII):

In assessing a plea of postponement, the court will necessarily be required to determine when the action should have been commenced. This invokes questions such as “when did [the plaintiffs] get appropriate advice and acquire sufficient knowledge” which would have allowed them to commence proceedings, as well as “what is the period of postponement”: Homalco Indian Band v. British Columbia, 2001 BCSC 1566 at para. 15. This necessarily requires an inquiry into the party’s subjective understanding of their own circumstances and interests: Harry v. British Columbia, 2002 BCCA 557 [Harry] at para. 17.

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