Can a defendant create prejudice by failing to conduct a thorough investigation of liability after the accident?
Ontario, Canada
The following excerpt is from Smith v. Galbraith, 2004 CanLII 13164 (ON SC):
The defendant cannot create prejudice by its failure to do something that it reasonably could have or ought to have done, namely a thorough investigation of liability which the correspondence indicates was undertaken shortly after the accident. (see Chiarelli v. Wiens, supra).
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