What is the test for denying a plaintiff a remedy in her personal injury case?
Nova Scotia, Canada
The following excerpt is from Palmer Estate v. MacInnis, 2013 NSSC 391 (CanLII):
I must now consider whether the defendants are likely to suffer prejudice. Not just any degree of prejudice, however, will be sufficient to deny the plaintiff a remedy. The defendants must establish that they are likely to suffer serious prejudice: Lord, at para. 43; Young v. Merrill Lynch, 2013 NSSC 225 at para. 81.
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