What is the limitation period on an amended statement of claim?
Manitoba, Canada
The following excerpt is from Fegol v The R.M. of St. Clements et al, 2012 MBQB 322 (CanLII):
The defendants argue that the amended statement of claim discloses no reasonable cause of action because of the expiry of the limitation period. While the expiry of a limitation period is not normally to be considered on a motion to strike for disclosing no reasonable cause of action, the defendants suggest that in certain unique circumstances the court may consider the limitation period on such a motion. For that principle, the defendants rely upon Farrow v. Manitoba (Attorney General) et al, 2009 MBQB 127.
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