The factors identified in Buzzle for exercising the discretion to extend time for service under UCPR r 1.12 (attempts at service, length of delay, reasons for delay, whether deliberate, notice to defendants, conduct of parties, and hardship/prejudice) are equally applicable to applications to set aside service under UCPR rr 12.11 and 36.16. Where proceedings are effectively stayed by a court-endorsed test case arrangement, the delay in service attributable to that arrangement will be adequately explained and should not weigh heavily against the plaintiff. Undertakings to the Court not to plead limitation defences are enforceable and sufficient to cure prejudice from statute-barred cross-claims. The rule that a plaintiff cannot arrogate to itself the benefit of a stay by not serving is not inflexible and depends on the circumstances.
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