What is the test for proving that a defendant has not suffered prejudice against a plaintiff?
British Columbia, Canada
The following excerpt is from Earthwerks Marine Ltd. v. Collingwood School Society, 2009 BCSC 807 (CanLII):
I turn now to the question of prejudice. In my view, once inordinate inexcusable delay is established, the onus shifts to the plaintiff to establish that the defendant has not suffered prejudice. The test is set out in para. 27 of Busse v. Robinson, Morelli Chertkow 1999 BCCA 313 as follows:
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