The family of Serena Perry has been granted a 90-day extension to locate one of the defendants in their lawsuit over the 22-year-old's death at the Saint John Regional Hospital.
Perry's body was found in the hospital's amphitheatre in February 2012. A forensic examination was unable to establish the exact cause of death.
In February of this year, Perry's family initiated a lawsuit against the hospital, psychiatrist Dr. Pamela Forsythe and Brandon McFarland, who was a patient in the psychiatric ward with Perry.
In the lawsuit, the family accused McFarland of assaulting and battering Perry and "intentionally or negligently" asphyxiating her.
None of the allegations has been proven in court.
Perry family lawyer John Gillis says they've been unable to find McFarland to serve him notice of the lawsuit.
"The last known location we knew, he was in a hospital in Alberta," said Gillis. "We've tried there. He's no longer resident there.
"We've been able to determine he may be outside of Edmonton. We've had process servers try repeatedly to locate him with no success."
On Monday, a judge granted the family's motion for a 90-day extension to locate McFarland.
Saint John Regional Hospital lawyer John Barry says they are empathetic to the family's efforts, but days there is nothing it or Horizon Health can do to help locate McFarland due to privacy laws.