Can prejudice be established in a failure to disclose?
British Columbia, Canada
The following excerpt is from Kirby v. Amalgamated Income Limited Partnership, 2009 BCSC 1044 (CanLII):
Although I disagree with the defendants’ submission that prejudice is “inherent” in a failure to disclose, I accept that prejudice can be established where the non-disclosure deprived the employer of the “opportunity to remedy a problem”: Carroll v. Emco Corp., 2006 BCSC 861, at para. 10, 50 C.C.E.L. (3d) 48, aff’d 2007 BCCA 186, 55 C.C.E.L. (3d) 176.
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