Can Allstate extend the limitation period in a personal injury action?
Ontario, Canada
The following excerpt is from Reinbrecht v. Reinbrecht, 2008 ONCA 193 (CanLII):
Allstate raises two issues. First, did the motion judge err in concluding that the limitation period tolls based on the discoverability principle in the respondent's direct action #M1206518. Second, did the motion judge err in extending the limitation period on the basis that the facts in this case give rise to "special circumstances" within the meaning of Onishenko Estate v. Quinlan, 1971 CanLII 5 (SCC), [1972] S.C.R. 380, [1971] S.C.J. No. 118. Commencement of the limitation period
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