What is the limitation on the amount of time a plaintiff can claim against the other parties?
British Columbia, Canada
The following excerpt is from Vista Radio Ltd. v Tivadar, 2017 BCSC 1195 (CanLII):
The plaintiff submits that it is open to the parties to agree not to enforce a limitation. See Tolofson v. Jensen, 1994 CanLII 44 (SCC), [1994] 3 S.C.R. 1022 at para. 88.
The plaintiff further argues that the proper interpretation of that term depends to a large degree on the “factual matrix” in which the contract arose. Reference was made to Jacobsen v. Bergman, 2002 BCCA 102 at paras. 3 and 4 where the court said:
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