Can an application to dismiss a claim as time barred by the operation of a statutory limitation period be properly brought?
British Columbia, Canada
The following excerpt is from Grosz v Royal Trust Corporation of Canada, 2021 BCSC 1313 (CanLII):
An application to dismiss a claim as time barred by the operation of a statutory limitation period is properly brought under this Rule. If an action is clearly statute-barred, it can be struck under this Rule. However, if there are real issues concerning postponement of the limitation period under the Limitation Act, the defendant should not succeed: Sime v. Jupp, 2009 BCSC 1154 at para. 17.
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