What is the test for a delay in completing a construction project?
British Columbia, Canada
The following excerpt is from Earthwerks Marine Ltd. v. Collingwood School Society, 2009 BCSC 807 (CanLII):
Once the applicant establishes that the delay is inordinate and inexcusable, a presumption of prejudice to the defendant arises. The onus then shifts to the plaintiff to prove on the balance of probabilities the lack of prejudice and to explain the inordinate delay. Bonaparte Indian Band v. Lakeridge Contracting Ltd. 1999 BCCA 729
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