Is there any evidence that witnesses would be unable to remember the facts of the events in the context of a long delay?
British Columbia, Canada
The following excerpt is from Knight v Imperial Tobacco Canada Limited, 2017 BCSC 1487 (CanLII):
When a case includes a lengthy delay, as is the case here, the court may infer that witnesses would no longer be able to remember the details of the events with any accuracy: Brenner v. Brenner, 2010 BCCA 553 at para. 14.
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