When a delay in obtaining a hearing is inordinate and inexcusable, is there a presumption of prejudice?
British Columbia, Canada
The following excerpt is from Sampson v Scaletta, 2016 BCSC 2598 (CanLII):
When the delay is inordinate and inexcusable, a rebuttable presumption of prejudice arises: Busse v. Chertkow, 1999 BCCA 313 at para. 18. I have already determined that the delay is inordinate and inexcusable.
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