When will delay cause substantial prejudice due to witnesses suffering lack of recall?

The Tribunal commented on when delay might cause substantial prejudice due to witnesses suffering lack of recall in Read v. Century Holdings Ltd. dba Best Western Tsawwassen Inn, 2003 BCHRT 52. It stated: It is true that in the appropriate circumstances some prejudice may be inferred from the mere passage of time. Memories may fade and witnesses may become unavailable. I would, however, expect a respondent which was alleging substantial prejudice to point to more specific instances of prejudice than that in order to avail itself of s. 22(3)(b). For example, a respondent may point to specific key witnesses who are now unavailable or individual witnesses who say they cannot now remember what occurred. The Respondent does not refer to any such specific examples on which to base its allegation of substantial prejudice. (para. 80)