What is the effect of inordinate delay in determining the cause of death for a plaintiff's memory?
Ontario, Canada
The following excerpt is from Tambeau v. Martin, 2020 ONSC 2483 (CanLII):
A rebuttable presumption arises where such an inordinate delay has occurred, as the defendants are prejudiced by the substantial risk that a fair trial might not be possible. There are several reasons for the presumption. One recognizes that memories fade over time and another recognizes that justice delayed is justice denied. Expeditious justice is the objective. The presumption strengthens with the length of the delay. See Furtney Estate v. Furtney, supra at para. 61.
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