What is the test for determining whether there is prejudice in a case?

British Columbia, Canada


The following excerpt is from Schoolhouse Industrial Park Ltd. v Mogil Modular Structures Corp., 2018 BCSC 302 (CanLII):

Prejudice is to be proven on balance of probabilities. The prejudice element may be modified in appropriate circumstances but a rebuttable presumption of prejudice arises only after inordinate and inexcusable delay has been established: Bonaparte Indian Band v. Lakeridge Contracting Ltd., 1999 BCCA 729.

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