What is the test for inordinate delay in determining whether there is serious prejudice to a plaintiff's claim?

Nova Scotia, Canada


The following excerpt is from O'Connell v. Farr, 2015 NSSC 85 (CanLII):

In some cases, serious prejudice is presumed in light of inordinate delay. As Farrar J.A. stated in Smith v. Lord, supra, the circumstances of the case will determine whether such a presumption is appropriate (see ¶¶44 and 45).

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