Is there any evidentiary prejudice from the passage of time between parties to the date of the events in issue?
British Columbia, Canada
The following excerpt is from Bell and others v. WCB (No. 2), 2010 BCHRT 119 (CanLII):
Nonetheless, it is reasonable to presume that all parties would suffer some evidentiary prejudice from the passage of the amount of time in issue here: Prasad v. The College of Physicians and Surgeons of British Columbia, 2004 BCHRT 21, paras. 15-16. The availability of some documentation and some witnesses does not change the fact that the events in issue happened a decade ago. It can readily be presumed that the memories of all available witnesses will have faded. It can also be presumed that some witnesses will, for a variety of reasons, no longer be available.
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