How has the limitation issue been determined in a personal injury case?
Ontario, Canada
The following excerpt is from Frumusa v. Ungaro, 2005 CanLII 56209 (ON SC):
It should be noted, as well, that although Wein J. relied, in Charlton v. Beamish, on the facts as set out in the statement of claim in reaching her decision, there had been a statement of defence filed. The plaintiff did not file a reply in that case. The judge was of the view that it was possible to make a determination on the limitations issue on the basis of the facts that were set out in the statement of claim.
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