What is the effect of prejudice against a defendant in a motor vehicle case?
British Columbia, Canada
The following excerpt is from 603262 B.C. Ltd. v. Eiyom Properties Ltd., 2014 BCSC 1153 (CanLII):
Prejudice to a defendant will be presumed where a court finds a plaintiff responsible for an inordinate and inexcusable delay. The longer the delay, the stronger the presumption that prejudice exists (see: Busse v. Chertkow, supra). The nature of this “presumption” was explained by Esson J.A. in Tundra Helicopters, supra:
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