Is there any case law where a plaintiff’s solicitor failed to file a statement of claim until after the expiration of the limitation period?
Ontario, Canada
The following excerpt is from Rafeek v. Yao, 2007 CanLII 58406 (ON SC):
In Saieva v. Schmitt, the plaintiff had been injured in a motor vehicle accident on April 28, 1988 and the defending insurer acknowledged notice of the claim on September 12, 1988. There was apparently no further correspondence from plaintiff’s counsel prior to the issuing of the notice of action on April 25, 1990. The motion for leave to file the statement of claim was served at some point between June 6, 1990 and September 5, 1990 when the motion was argued. It was clear that the plaintiff’s solicitors failed to file the statement of claim “through sheer inadvertence”. The defendant claimed that she would be prejudiced because of the expiry of the limitation period.
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