What is the test for balancing of prejudice between a plaintiff and his defence counsel?
British Columbia, Canada
The following excerpt is from Labrecque v. Tyler, 2011 BCSC 429 (CanLII):
Thirdly, it has not been established that, to the extent a balancing of prejudice is to be conducted, the balance here favours the plaintiff. The examination will take place 74 days before trial, and as I said earlier, the report will arguably be in time under Rule 11-6(4). The plaintiff will have to attend for an examination, but the situation is not what it was in White v. Gait, 2003 BCSC 2023, where the examination was to take place within 30 days of trial. The concern of Master McCallum in White was that the plaintiff would be involved in preparing for trial. That kind of difficulty or prejudice is not present here.
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