โGenerally, laches is a question of fact, Tzitzon Realty Co. v. Mustonen, 352 Mass. 648, 650, 227 N.E.2d 493 (1967), and a finding of fact by a Superior Court judge will not be overturned unless clearly erroneous.โ West Broadway Task Force v. Boston Hous. Authy., 414 Mass. 394, 400, 608 N.E.2d 713 (1993). However, the correct legal definition of laches and the proper factors for a judge to consider when applying it are issues of law, which we review de novo. U.S. Bank Natl. Assn. v. Schumacher, 467 Mass. 421, 427, 5 N.E.3d 882 (2014).
In re San Juan Hotel Corp., 847 F.2d at 940. Further, although limitations periods have not run, Massachusetts case law allows laches to be asserted against equitable claims where undue delay combines with prejudice. Cohen v. Bailly, 266 Mass. 39, 165 N.E. 7, 11 (1929); W. Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 608 N.E.2d 713, 716 (1993). So even without a final accounting, Decoulos was free to show that he had been prejudiced by the delay in the claims against him; but he did not do so.
The Woodward Sch. For Girls, Inc. v. City Of Quincy, 469 Mass. 151, 179 (2014) (internal citations omitted). Whether a party has engaged in unreasonable delay causing injury to the defendant is a question of fact. W. Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400 (1993). While Bonnie argues Samuel had actual knowledge based on the divorce proceedings, "[c]onstructive knowledge is insufficient, as is [m]ere suspicion or mere knowledge that the fiduciary has acted improperly."
Whether a party has engaged in unreasonable delay causing injury to the defendant is a question of fact. W. Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400 (1993). In her motion for summary judgment on this issue, Bonnie has argued that Samuel has been aware of the facts underlying the lawsuit for at least eight years.
Timeliness issues for laches purposes are, of necessity, to be decided on a case-by-case basis, with the guiding principle being fairness; parties must not sit on their hands. See, e.g., West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400, 608 N.E.2d 713 (1993) (laches operates where there is โunreasonable delayโ). As discussed, the case before us is sui generis in this regard.
The operation of laches generally is a question of fact for the judge, and a judge's finding as to laches will not be overturned unless clearly erroneous. See West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400 (1993), citing Tzitzon Realty Co. v. Mustonen, 352 Mass. 648, 650 (1967). It is true that thirteen years passed between 1984, the time Midland was apprised of the facts forming the basis of the misrepresentation claim, and 1997, when the Fund asserted misrepresentation as an affirmative defense in its answer to Chesterton's amended complaint.
"A judgment which is correct on the facts will be upheld even though the stated ground for the judgment is unsound." West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 398 (1993). (a) Statutory authority.
An order "which is correct on the facts will be upheld even though the stated ground for the judgment is unsound." West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 398 (1993). See Aetna Casualty Sur. Co. v. Continental Casualty Co., 413 Mass. 730, 734-735 (1992).
"The doctrine of laches operates in equity as an affirmative defense against a plaintiff whose unreasonable delay in bringing a claim results in some injury or prejudice to the defendant." West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 400 (1993), citing Shea v. Shea, 296 Mass. 143, 148-149 (1936). "[L]aches does not operate to bar a claim simply because the events which established rights in the plaintiff occurred long ago." Id.
We do not consider issues raised for the first time on appeal. See West Broadway Task Force v. Boston Hous. Auth., 414 Mass. 394, 397 n.2 (1993). Here, counsel for the plaintiffs failed to make a timely objection to the jury instructions or the special verdict form, thereby waiving the arguments raised on appeal.