Does a defendant have to demonstrate prejudice at a status hearing?
Ontario, Canada
The following excerpt is from Kemdirim et al v. Home Trust Company, 2021 ONSC 5420 (CanLII):
There is no onus on a defendant to demonstrate prejudice at a status hearing, although a defendant is entitled to lead evidence of prejudice should it choose to do so: see Shabbir Khan v. Sun Life, 2011 ONSC 455 at paras 14-15, affirmed 2011 ONCA 650.
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