Can a defendant plead that the limitation period has expired?
Ontario, Canada
The following excerpt is from Re: Edwards, 2010 ONSC 5718 (CanLII):
In Alexis v. Darnley, 2009 CarswellOnt 476 (S.C.O.) at paragraph 35, it has been held that where a defendant pleads that a limitation period has expired, the onus is on the plaintiff to demonstrate that the claim was discovered within the limitation period, and not outside of it.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
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 legal test for adding a defendant to a claim where the limitation period has not yet expired? (Ontario, Canada)
What is the effect of an amendment to the limitation period on the duration of a limitation period? (Ontario, Canada)
Can a plaintiff add to the list of defendants after the limitation period has expired? (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 a pleading to be amended after the limitation period has expired? (Ontario, Canada)
Can a court ignore or extend the limitation period if it is found to have expired? (Ontario, Canada)
What is the test to determine whether a limitation period has expired? (Ontario, Canada)
How have the particulars pleaded in support of the tolling of the limitation period? (Ontario, Canada)
What is the test for determining whether a defendant has an interest in extending the limitation period of a claim? (Ontario, Canada)
