What is the burden of proving prejudice to a defendant in a personal injury action?
British Columbia, Canada
The following excerpt is from Dodd v Stork Craft Manufacturing Inc., 2022 BCSC 512 (CanLII):
Prejudice to a defendant will be presumed where a court finds a plaintiff responsible for an inordinate and inexcusable delay. The longer the delay, the stronger the presumption that prejudice exists. Moreover, the plaintiff bears the burden of convincing the court that the defendant has not suffered prejudice, or in the circumstances, it would be unjust to dismiss the plaintiff’s claim. In Busse v. Chertkow, 1999 BCCA 313, Mr. Justice Goldie addressed this consideration and observed:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
What is the burden of proving that a plaintiff has the ability to pay costs in a personal injury action? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Can a defendant in a personal injury action make use of a medical report and clinical report obtained from an earlier and by then settled wrongful dismissal action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
What is the burden of a defendant in a personal injury action? (British Columbia, Canada)
How have defence counsel in a personal injury action been advised to take walks as part of their rehabilitation from soft tissue injuries? (British Columbia, Canada)
