58. The decisions in Armstrong v. McCall and Woodheath, supra hold that inordinate and inexcusable delay in an action gives rise to a presumption of prejudice which the plaintiff has the onus to rebut. It is therefore necessary to consider the evidence presented by the plaintiff on the issue of prejudice and specifically (per Berg v. Robbins, supra) whether the plaintiff has demonstrated that documents have been preserved, and that the issues in dispute do not require the recollection of witnesses, or that necessary witnesses are available with detailed recollection of events.
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