What is the test for establishing that a defendant has a presumption of prejudice against the applicants in a motion for summary judgment?

However, the fact that the applicants have not established actual prejudice does not end the consideration of the issue of prejudice. Once a defendant has established that the delay has been inordinate and inexcusable, a rebuttable presumption of prejudice arises. Proof of actual prejudice does not need to be addressed by the applicants for the motion to succeed. It falls to the plaintiff to rebut the presumption. See Busse v. Robinson Morelli Chertkow, 1999 BCCA 313 at para. 18.