I am not persuaded by this argument, which founders on the language of s. 1.03 of the Rules of Civil Procedure. As the Limitations Act does not define the term “proceeding”, this court usually takes guidance from the definitions found in the Rules of Civil Procedure: Giglio v. Peters, 2009 ONCA 681 (CanLII), 99 O.R. (3d) 129, at para. 21. It is significant that the definitions of “proceeding”, and its constituent terms “action” and “application” in r. 1.03 of the Rules of Civil Procedure, do not include a r. 74.18(7) notice of objection. By contrast, a counterclaim falls within the definition of an “action” in r. 1.03 and, thus, within the definition of “proceeding”. Nor does a notice of objection fall within the definition of “originating process”, the document whose issuance commences a proceeding.
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