What is the test for the presumption of prejudice in the context of the limitation period?
Ontario, Canada
The following excerpt is from Commander Construction v. The Sovereign General Insurance Company, 2013 ONSC 7104 (CanLII):
In making my ruling in this regard, I rely on Frohlick v. Pinkerton[5] with respect to the presumption of prejudice in relation to the expiry of a limitation period. Commander’s amendments result in a new statute barred claim which gives rise to a presumption of prejudice.
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