What is the limitation period on a cause of action?
Ontario, Canada
The following excerpt is from Curtis v. The Bank of Nova Scotia, 2019 ONSC 7539 (CanLII):
It is also well established law that the expiration of the limitation period on a cause of action is a form of non-compensable prejudice referred to in Rule 26.01 and is sufficient grounds to deny the amendment introducing such a cause of action; see Klassen v. Beausoliel, 2019 ONCA 407 (O.C.A.)(CanLII) at paragraphs 26 and 27. An exception to this last principal is where sufficient facts are pleaded within the limitation period to support the amendments being sought; see Klassen, op.cit., paragraph 28.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a limitation period is extended after the expiry of the limitation period, is it appropriate to amend the statute of limitation period? (Ontario, Canada)
Does the limitation period for damage caused by defective wiring in a car constitute a limitation period under the Highway Traffic Act? (Ontario, Canada)
What is the limitation period for a cause of action? (Ontario, Canada)
What is the burden of proving a cause of action against a defendant prior to the statutory limitation period? (Ontario, Canada)
What is the limitation period for discovering a cause of action? (Ontario, Canada)
Can a plaintiff amend its Statement of Claim against Gowlings to allege a new cause of action after the expiry of the limitation period? (Ontario, Canada)
What is the limitation period for discovering that there has been a fraudulent concealment of the existence of a cause of action? (Ontario, Canada)
What is the burden of proving that the cause of action arose within the limitation period? (Ontario, Canada)
What is the effect of an amendment to the limitation period on the duration of a limitation period? (Ontario, Canada)
What is the limitation period for filing a motion for leave to amend the pleadings in the other action? (Ontario, Canada)
