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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether the evidence in a medical malpractice case supports the case? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
What is the relevant case law and case law relevant to this determination? (British Columbia, Canada)
In a personal injury case, what is the standard for determining whether a party owes a fiduciary obligation? (British Columbia, Canada)
What is the standard for determining whether to accept or reject evidence in a sexual assault case? (British Columbia, Canada)
What is the test for a jury to determine whether a medical malpractice case will require a scientific investigation? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
