What is the test for an amendment to the limitation period on sexual assault?

Manitoba, Canada


The following excerpt is from Pembina Consumers Co-op (2000) Ltd. v. Ainsworth Inc. et al, 2013 MBQB 81 (CanLII):

If the amendment is proposed after the expiry of a limitation period, there is a prima facie presumption of prejudice. Suche J. in Zadworny v. Manitoba (Attorney General) stated: 22 When an amendment, particularly if it involves the addition of a party, is sought outside a statutory limitation period, there is a prima facie presumption prejudice that arises [sic]. However, if can be demonstrated [sic] that the defendant or proposed defendant has not suffered actual prejudice, courts will, in certain circumstances, allow the amendment.

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