Does a limitation period apply to a counterclaim?
Ontario, Canada
The following excerpt is from Eftimovski v. Faris, 2014 ONSC 2476 (CanLII):
Similarly, insofar as Justice Rady expressed doubt as to whether the relevant limitation period applied to the defendant’s counterclaim, (based on her use of the Rule 1.03 definition of “originating process” to interpret whether a counterclaim fell within the reference to commencement of a “proceeding” in section 4 of the Limitations Act, 2002, supra), it seems to me that such doubts arguably are precluded by a number of Court of Appeal decisions, including Giglio v. Peters, supra.
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