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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of the common law rule on postponement under section 6 of the Limitation Act? (British Columbia, Canada)
What is the effect of a judge's reliance on postponement provisions of the Former Limitation Act? (British Columbia, Canada)
What is the limitation period for a plaintiff to seek a postponement of their claim? (British Columbia, Canada)
What is the difference between a party seeking to strike a jury notice at an early date and then postponing the hearing of the application? (British Columbia, Canada)
Does the time essence clause in a construction application waiver apply if the completion date of the project is merely postponed, without more than two months? (British Columbia, Canada)
Can a defamation claim be postponed or adjourned? (British Columbia, Canada)
Is a postponement of a mortgagor’s right of redemption oppressive? (British Columbia, Canada)
Is estoppel permitted to be used to extend or postpone the limitation period contained in the Limitation Act? (British Columbia, Canada)
Is a plaintiff's refusal to seek the advice of counsel for the purposes of postponement or adjournment of a claim? (British Columbia, Canada)
In a summary trial, in what circumstances will the court consider postponement issues in a full trial? (British Columbia, Canada)
