Can a court ignore or extend the limitation period if it is found to have expired?
Ontario, Canada
The following excerpt is from Fillo v Jaklic, 2016 CanLII 90739 (ON SCSM):
15. I agree with the defendant’s submission that the court cannot ignore or extend the limitation period if it is found to have expired: Joseph v. Paramount Canada’s Wonderland (2008), 2008 ONCA 469 (CanLII), 90 O.R. (3d) 401 (C.A.). The question is when the two-year period started to run which under s. 4 of the Act is from the time when the claim was “discovered.”
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