Can a plaintiff add to the list of defendants after the limitation period has expired?
Ontario, Canada
The following excerpt is from Orzel v. Seward, 2011 ONSC 6767 (CanLII):
The plaintiff further alleges that the plaintiff may add defendants after a limitation period has expired by demonstrating an absence of prejudice to the defendant and the establishment of special circumstances. In this regard, the plaintiff is relying on the Ontario case of Scott v. Driver, [2007] O.J. No. 2797 (S.C.J.). -3- Prejudice
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