Does the presumption of prejudice apply to a motion for summary dismissal?
British Columbia, Canada
The following excerpt is from Trak Energy Corporation v. Happy Valley Resort Ltd., 2015 BCSC 1928 (CanLII):
It is in that sense that the word "presumption" is employed in Busse v. Robinson Morelli Chertkow, supra. In considering whether the presumption of prejudice has any application in a particular case, the question properly to be asked, as stated by Goldie J.A. in para. 27 of Busse, is: ...has the plaintiff established on a balance of probabilities that the defendant has not suffered prejudice or that other circumstances would make it unjust to terminate the action?
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