The expiry of a limitation period gives rise to presumptive prejudice, the strength of which increases with the passage of time. Further, where the presumption arises, the plaintiff bears the burden of rebutting the presumption, on proper evidence, and where the onus is displaced, the onus shifts to the defendant to establish actual prejudice: Wellwood v. Ontario Provincial Police et. al, 2010 ONCA 386 at para. 60.
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