Can prejudice be presumed in a medical malpractice case?

British Columbia, Canada


The following excerpt is from Wong v. Samaroo, 2006 BCHRT 585 (CanLII):

In addition, because of the delay in filing this complaint, prejudice can be presumed, as over a 10 year period memories will have faded: Prasad v. The College of Physicians and Surgeons of British Columbia 2004 BCHRT 21.

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