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.
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