Irvin Schein blogged, "Dismissal For Delay: How Long Is Too Long?"

The recent decision of the Ontario Court of Appeal in Khan v. Metroland Printing, Publishing and & Distributing Ltd. et al is a useful reminder that even though the wheels of justice may feel like they turn slowly, there is a limit to everything. 

This case arose out of a mayoral election in Richmond Hill, Ontario in 1997. The successful candidate in that election was William Bell. The unsuccessful candidate was Colleen Khan. Both are now deceased.

In January 1998, Ms. Khan and others commenced this action alleging that defamatory statements, including statements allegedly made by Mr. Bell, were published in Metroland's newspaper. The action was defended and Bell also delivered a counterclaim alleging that Ms. Khan's campaign literature included defamatory statements about him.