What is the test for establishing prejudice in a personal injury case?
Alberta, Canada
The following excerpt is from Cunningham v. Irvine-Adams, 1999 ABQB 517 (CanLII):
The onus to establish prejudice, or the lack thereof, rests with both parties in the sense that each party is expected to contribute its knowledge to the question of prejudice or lack of prejudice: Tkachuk v. Janzen Estate, ibid, at p. 348.
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