What is the test for appeal against a finding that the limitation period expired prior to the issuance of a statement of claim?
Ontario, Canada
The following excerpt is from Trivedi v. Hudd, 2022 ONCA 147 (CanLII):
More importantly, the appeal has little chance of success. The motion judge’s conclusion that the limitation period expired prior to the issuance of a statement of claim is a finding of mixed fact and law for which the standard of review is palpable and overriding error: Longo v. MacLaren Art Centre, 2014 ONCA 526, 323 O.A.C. 246, at para. 38.
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