What is the test for a motion to add a defendant after the expiry of the limitation period?
Ontario, Canada
The following excerpt is from Fekrta v. Siavikis, 2008 CanLII 55136 (ON SC):
In the case of Swiderski v. Broy Engineering Ltd. (1992), 11 O.R. (3d) 544 (Div.Ct.), at p. 601, the court held that the onus is on the plaintiff to disprove prejudice on a motion to add defendants after the expiry of the limitation period: There is no automatic right to an amendment simply because the respondent cannot establish prejudice. Were it otherwise, the expiration of a limitation period would never have any reliable consequence.
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