What is the burden of proving that a defendant has not been seriously prejudiced in their actions?
British Columbia, Canada
The following excerpt is from Royal Bank of Canada v 0759452 B.C. Ltd., 2022 BCSC 131 (CanLII):
Where there has been inordinate delay, without reasonable excuse, a rebuttable presumption of prejudice arises. In these circumstances, the onus shifts to the plaintiff to establish on a balance of probabilities that the defendant has not been seriously prejudiced: Busse v. Chertkow, 1999 BCCA 313.
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