What is the burden of proving a cause of action against a defendant prior to the statutory limitation period?
Ontario, Canada
The following excerpt is from Ghaffari v. Asiyaban et al., 2012 ONSC 2724 (CanLII):
In the event that the defendant pleads a statutory limitation period, the plaintiff has the burden of proving that the cause of action arose within the limitation period. Reference: Liu v. Silver, 2010 ONSC 2218 (CanLII) at para. 13.
The motions judge is entitled to assume that no further evidence will be adduced at trial on any issue, including discoverability. Reference: Moore v. Renault, 2000 CarswellOnt 935 (Ont. S.C.J.) at para. 8.
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