Plaintiff
Defendant
Other
Background
Key Legal Principles
Under Civil Procedure Rule 82.18, a judge may dismiss a case if it is not brought to trial within a reasonable time.
The three-part test for dismissal due to delay (from Clarke v. Ismaily, 2002 NSCA 64) requires proving:
In builder’s lien cases, there is a lower threshold for proving inordinate delay due to the lien’s impact on property rights (Kaulback v. Burke, 2000 NSCA).
Presumption of prejudice arises when a party interferes with property rights through a builder’s lien (Tam v. PD Plumbing & Heating, 2023 BCCA).
Court’s Findings
Court’s Orders
Court
Supreme Court of Nova ScotiaCase Number
Hfx No. 520201Practice Area
Construction lawAmount
$ 1,250Winner
DefendantTrial Start Date
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