Jeannette Cayer (Plaintiff) sought an order to extend the time for serving the statement of claim and setting the action for trial.
Arseneau Poulson (Defendant), arguing the claim was statute-barred, the plaintiff did not adequately explain the delay, and there was presumed and actual prejudice due to the delay.
Facts:
The case involves a claim of solicitor’s negligence against the defendant law firm for mishandling an insurance claim related to the death of the plaintiff’s spouse.
The initial claim against the insurance companies was dismissed for delay in 2008. The plaintiff was not informed of this dismissal until years later.
The plaintiff’s subsequent legal actions faced delays due to her lawyer’s suspension and the impact of the COVID-19 pandemic.
Court’s Analysis:
Extension to Serve Statement of Claim: The court considered the length of delay (over six years), lack of adequate explanation for delays, and potential prejudice to the defendant.
Extension to Set Down for Trial: Similar considerations of delay, lack of evidence, and significant prejudice to the defendant were evaluated.
Decision:
The court denied the plaintiff's motion to extend the time for serving the statement of claim and setting the action for trial, citing extreme delays and insufficient explanation for the delay.
Costs:
The parties were invited to submit written submissions on costs if they could not agree on the issue. No amount was specified.
