What is the test for balancing of prejudice between a plaintiff and his defence counsel?

British Columbia, Canada


The following excerpt is from Labrecque v. Tyler, 2011 BCSC 429 (CanLII):

Thirdly, it has not been established that, to the extent a balancing of prejudice is to be conducted, the balance here favours the plaintiff. The examination will take place 74 days before trial, and as I said earlier, the report will arguably be in time under Rule 11-6(4). The plaintiff will have to attend for an examination, but the situation is not what it was in White v. Gait, 2003 BCSC 2023, where the examination was to take place within 30 days of trial. The concern of Master McCallum in White was that the plaintiff would be involved in preparing for trial. That kind of difficulty or prejudice is not present here.

Other Questions


Does the defence have to be limited in its defence in the defence or preparation for trial? (British Columbia, Canada)
How much is a plaintiff entitled to recover from the defence for counsel’s attendance at trial? (British Columbia, Canada)
What is the defence of a defence where the defence cannot raise a reasonable doubt by mere speculation? (British Columbia, Canada)
What is the defence argument in defence of a plaintiff's claim for loss of income earning capacity due to injury? (British Columbia, Canada)
When will the defence counsel oppose the recalling of J.K. K.O. for a charge of sexual assault? (British Columbia, Canada)
Is a plaintiff entitled to be treated as a thin-skulled plaintiff for the purpose of damage assessment? (British Columbia, Canada)
What is the test for bringing an application for an extension of the term of time for a class of plaintiffs with three separate law firms and four named counsel working for them? (British Columbia, Canada)
When counsel withdraws from a motion, does the trial judge need to question counsel as to their reasons? (British Columbia, Canada)
When will defence counsel object to a medical report? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.