It is the onus of the plaintiffs to establish on a balance of probabilities that they could not have reasonably known the material facts on which their claims are based before the expiration of the applicable limitation period. If they do not, they are not entitled to a postponement. See, for example, Atchison v. Langley (City), [1994] B.C.J. No. 1804 at paras. 26-27, 31 (S.C.) (QL). In my view, the plaintiffs’ evidence fails to meet that onus on a balance of probabilities. Therefore, if the plaintiffs’ two, six and ten year claims have expired, I find that they are unable to avail themselves of the postponement provisions in s. 6 of the Limitation Act. Six-year limitation
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.