Supreme Court Criticises 1987 Approach to Liberal Condonation of Delay

The Supreme Court questioned the continuing consequences of an expansive approach to condonation of delay associated with a 1987 judgment.

Background

The observations arose during a proceeding concerning the proper treatment of limitation periods. Courts regularly balance access to justice with finality, certainty and the interests of parties who complied with deadlines.

Legal issue and reasoning

The Bench’s criticism of earlier reasoning must be distinguished from a formal overruling unless the operative judgment expressly changes the law. The immediate development is the Court’s scrutiny of how discretion has been exercised.

Outcome and next step

Parties should continue to rely on applicable limitation provisions and binding precedent rather than treating oral criticism as a new rule.