Criminal
lawyers, both prosecution and
defence, are invited to contribute to the study, which is being
run by the Centre for Women's Justice and Justice for Women.
This
defence is what is commonly argued
by ICBC»S
lawyers in hit and
run situations, where it is alleged that the Plaintiff did not make all «reasonable efforts» to ascertain the identity of the owner and / or driver of the other vehicle,
by doing such things as notifying ICBC, notifying the police, placing posters at the scene looking for witnesses, placing online ads looking for witnesses, talking to residents and merchants in the area of the accident, etc...
Lawyers who
run into limitation period problems while settlement discussions were taking place sometimes ask whether they can attack the limitation period
defence on the basis that the opposing parties were not prejudiced
by the delay in commencing litigation (since the opposing parties were always aware that a claim was being asserted).