Is there a presumption of prejudice against a defendant in a motion for delay?
British Columbia, Canada
The following excerpt is from Louie v. John Doe, 2008 BCSC 651 (CanLII):
Both counsel agree that in circumstances where a defendant is able to establish inordinate, inexcusable delay, a rebuttable presumption of prejudice arises. See: Busse v. Chertkow, 1999 BCCA 313, [1999] 10 W.W.R. 690.
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