Can a limitation defence be used in an application?
British Columbia, Canada
The following excerpt is from Strata Plan VR2124 v. Indal Ltd., 2004 BCCA 611 (CanLII):
In Strata Plan LMS 989 v. Redekop (2003), 193 B.C.A.C. 4, 2003 BCCA 613, Smith J.A. in chambers directed that leave was required from an order adding defendants to an action in circumstances where the chambers judge refused to give effect to a limitation defence. However in obiter dicta Smith J.A. said at para. 6: Had the application been dismissed, it would have finally disposed of the rights between the parties.
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