What is the burden of proving that the cause of action arose within the limitation period?
Ontario, Canada
The following excerpt is from Jack v. Canada (Attorney General), 2004 CanLII 6217 (ON SC):
Where a defendant pleads and relies upon a statutory limitation period, the plaintiff has the burden of proving that the cause of action arose within the limitation period. If the defendant satisfies the court that there is no issue of fact requiring a trial for its resolution, the defendant will have satisfied the requirements of rule 20. The limitation defence then will have been made out. Soper v. Southcott, supra, at p. 742.
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