Does a notice of objection constitute a “proceeding” in s. 1.03 of the Limitations Act?

Ontario, Canada


The following excerpt is from Wall v. Shaw, 2018 ONCA 929 (CanLII):

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.

Other Questions


Does a Notice of Objection constitute a claim under the Limitations Act, 2002? (Ontario, Canada)
Does the limitation period for damage caused by defective wiring in a car constitute a limitation period under the Highway Traffic Act? (Ontario, Canada)
If a limitation period is extended after the expiry of the limitation period, is it appropriate to amend the statute of limitation period? (Ontario, Canada)
What is the test for a parent to proceed in a child protection proceeding? (Ontario, Canada)
What is the test for late notice of a municipality's failure to provide notice to a plaintiff? (Ontario, Canada)
Are wrongful dismissal and reasonable notice actions well suited to summary proceedings? (Ontario, Canada)
What is the scope of the Attorney General's in rem proceedings under the Proceeds and Instruments of Unlawful Commerce Act? (Ontario, Canada)
Is a party who was hired for the job in question entitled to notice of the proceeding? (Ontario, Canada)
In what circumstances will a court order that an earlier proceeding be stayed until the completion of the later proceeding is completed? (Ontario, Canada)
What is the test for a stay of proceedings under the Limitations Act? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.