Is a defendant required to show prejudice after the passage of a limitation period?
Ontario, Canada
The following excerpt is from Sheeraz v. Kayani, 2009 CanLII 47571 (ON SC):
I make this finding bearing in mind that limitation periods are not to be ignored and that the general purpose of limitation periods is the public interest. There is a presumption of prejudice after the passage of a limitation period, however slight, which may be rebutted with evidence that the defendant [at para. 20] "knew, within the limitation period, of the case and the nature of the claims now being made against him". The defendant would then be required to show actual prejudice: see Deaville v. Boegeman. [See Note 21 below]
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