Is there any prejudice in the absence of prejudice?
Ontario, Canada
The following excerpt is from St. Jean v. Cheung, 2007 CanLII 38579 (ON SC):
However, the absence of prejudice (except for the ability to rely on the limitation period) is not to be equated with the presence of special circumstances. See Mazzuca v. Silvercreek Pharmacy Ltd., supra. Therefore, I must also consider whether special circumstances exist.
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