What is the test for a judge's interpretation of the limitation period?

This interpretation is, I suggest, what would be expected in light of the history of this legislation. Its purpose clearly is not to confer discretion in relation to amendments where a limitation period has intervened that is broader than the discretion a judge would have had there been no intervention of a limitation period. That is, it does not put the applicant for approval of a proposed amendment in a better position than he, she or it would have been but for the presumed expiration of the limitation provision. Indeed, that would be an absurd interpretation of the provision. Rather, its purpose is to ameliorate the strictness of the rule in Weldon v. Neal, which would have severely restricted the discretion to allow an amendment in such a case.