Can a party to an action be added to a proceeding where the limitation period has expired?

Ontario, Canada


The following excerpt is from Reimer v. Toronto (City), 2020 ONSC 1661 (CanLII):

However, section 21(1) of the Limitations Act prohibits the addition of a party to a proceeding where a limitation period has expired. The effect of section 21(1) is that the clear expiration of a limitation period is an absolute bar to the addition of a party to an already existing action. See Morrison v. Barzo, 2018 ONCA 979 at paragraphs 26 and 27.

Other Questions


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 limitation period for adding a party to a claim? (Ontario, Canada)
What is the legal test for adding a defendant to a claim where the limitation period has not yet expired? (Ontario, Canada)
Does section 21(1) of the Limitations Act, 2002 apply to add a third party to the limitation period? (Ontario, Canada)
Can a party to a personal injury action be regarded as a "voluntary" party to the action? (Ontario, Canada)
When can a party be added after the expiry of the limitation period? (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)
What is the test for laches in an action brought by a party who has been a party to an action for over a year? (Ontario, Canada)
What is the effect of an amendment to the limitation period on the duration of a limitation period? (Ontario, Canada)
What is the impact of adding a party to the list of parties in a child protection application? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.