What is the limitation period defence?

The plaintiff has failed to proffer evidence to establish special circumstances. Special circumstances are the facts of a particular case that render it in the interests of justice to displace, as here, a defendant’s entitlement to rely upon a limitation period defence (see: Ioannou v. Evans, supra, at para. 35). For reasons set out below, I accept that the claims proposed by the plaintiff are statute barred. The material facts on which the cause of action sought to be asserted against the proposed defendants could have and should have been discovered by the plaintiff, by the exercise of reasonable diligence, by May 3/02[1] at the latest.