What is the effect of long delays in obtaining and obtaining documents from witnesses?
Ontario, Canada
The following excerpt is from Klein v. Krek, 2019 ONSC 1711 (CanLII):
Where the court concludes that there has been an inordinate delay, prejudice to a defendant and the ability to conduct a fair trial will be presumed: Sickinger v. Krek, 2016 ONCSA 459 at para. 30. As Doherty J.A. observed in Langenecker, as above at para. 11, prejudice is inherent in long delays. Memory is fragile and it fades and fragments over time. The availability of witnesses changes as people move away, become ill or die. Experts may retire. Documents may be lost.
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