What is the test for the presumption of prejudice in a defamation case?
British Columbia, Canada
The following excerpt is from Mann v Ball, 2019 BCSC 1580 (CanLII):
With respect to prejudice, such prejudice is presumed unless the prejudice is rebutted. Indeed, the presumption of prejudice is given even more weight in defamation cases: Samson v. Scaletta, 2016 BCSC 2598, at paras 40-43. The plaintiff has not filed any evidence rebutting the presumption of prejudice.
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