In Stockbrugger v. Wolfe [1986] S.J. 456 (Q.B.)(Q.L.) Mr. Justice Wimmer concluded that paragraph 11 of Section 44 (the predecessor to s. 30 of The Queen’s Bench Act, and which is identical in effect to the present s. 30): “was plainly intended to circumvent insubstantial impediments to the doing of proper justice between the real parties to a dispute. A plaintiff seeking to add a defendant after the expiry of a limitation period need now satisfy only two criteria: first, that the claim against the proposed defendant arose out of the same transaction or occurrence as the original claim; and second, that the proposed defendant will suffer no actual prejudice....”
"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.