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Equity - Laches

Kloos v. Tangas (Ont CA, 2016)

The court made the following brief but salutory comments on the doctrine of laches:
[11] We disagree. At the hearing, appellant’s counsel acknowledged that the timing of events in this case brought them within the analytical framework regarding laches described by this court in Perry, Farley & Onyschuk v. Outerbridge Management Ltd. (2001), 2001 CanLII 5678 (ON CA), 54 O.R. (3d) 131 (Ont. C.A.). In Perry, at para. 36, this court stated: “A party relying on the defence [of laches] must show a combination of delay and prejudice.” Accordingly, delay, standing alone, could not give rise to laches.

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