Does the fading of memories of the past affect a finding of prejudice?
British Columbia, Canada
The following excerpt is from Northwest Organics, Limited Partnership v Sam, 2017 BCSC 1088 (CanLII):
In Pardy v. Levant, 2015 BCSC 130, at para. 13, Madam Justice Fisher noted that the fading of memories that accompanies the passage of time, may not be sufficient to support a finding of prejudice serious enough to merit dismissal:
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