Does s. 14 (1) of the Statutory Limitation Period apply to commence an action under s.14 of the Criminal Procedure Act?

We take a different view. Under s. 14 (1) of the Act the court "may grant leave to the applicant to begin or continue an action" in certain circumstances "notwithstanding any provision in this Act or any other Act". In this case the applicant's application was brought before statements of defence had been filed, the converse of the circumstances before the court in Manning v. Nassar. But the converse situation was none the less addressed by Twaddle J.A. when he said (at p. 212): It follows that a person who knows all the material facts and is aware that a limitation period has expired cannot commence an action with any hope of success unless an order granting leave is first obtained. The issue as to whether leave to commence the action should be given cannot then be left for later determination.