What is the limitation period defence in a motion brought and adjudicated under Rule 21.01(1)(a)?
Ontario, Canada
The following excerpt is from Atlas Holdings v. Vratsidas, 2012 ONSC 1375 (CanLII):
Given my conclusion that the motions before Cumming J. were brought and adjudicated under Rule 21.01(1)(a), then it follows, on the authority of Ball v. Donais, that having lost on the question of law as to whether the plaintiffs’ claims were statute-barred, the defendants cannot now rely on a limitation period defence.
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