What is the test for prejudice in a sexual assault case?

Ontario, Canada


The following excerpt is from Halik v Chief of the Toronto Police William Blair, 2015 ONSC 5291 (CanLII):

The governing principles concerning prejudice were reiterated by Cronk J.A. in Wellwood v. Ontario Provincial Police, 2010 ONCA 386 (CanLII), 102 O.R. (3d) 555, at para. 60, as follows: the expiry of a limitation period can give rise to some presumptive prejudice, the strength of which increases with the passage of time. Where the presumption arises, the plaintiff bears the burden of rebutting the presumption, on proper evidence. Where the presumption is so displaced, the onus shifts to the defendant to establish actual prejudice.

Other Questions


What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
What is the test for finding that a defendant in a sexual assault case has been found guilty of assault by reason of gross negligence? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
What is the case law in favour of protecting the identity of victims in sexual assault cases? (Ontario, Canada)
How has the Court treated sexual assault and indecent assault cases? (Ontario, Canada)
What is the test for establishing a permissive prima facie case in a sexual assault case? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
What is the appropriate sentence for a sexual assault case where the accused assaulted a 16 year old girl? (Ontario, Canada)
What is the impact of the Court of Appeal's ruling in cases involving sexual assault cases? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.