Is a limitation period expired prior to the issuance of a statement of claim?

Ontario, Canada


The following excerpt is from Suevilia Development Corporation v. Liang, 2022 ONSC 1856 (CanLII):

The question of whether a limitation period expired prior to the issuance of a statement of claim is a question of mixed fact and law for which the standard of appellate review is palpable and overriding error: Longo v. MacLaren Art Centre, 2014 ONCA 526 at para. 38. 2. Applicable tests under Rule 26.01 and Rule 5.04(2)

Other Questions


What is the test for appeal against a finding that the limitation period expired prior to the issuance of a statement of claim? (Ontario, Canada)
If a limitation period is extended after the expiry of the limitation period, is it appropriate to amend the statute of limitation period? (Ontario, Canada)
Is there any case law where a plaintiff’s solicitor failed to file a statement of claim until after the expiration of the limitation period? (Ontario, Canada)
What is the limitation period for making a Statement of Claim? (Ontario, Canada)
When can a statement of claim be amended after the expiry of the limitation period? (Ontario, Canada)
Does a rolling limitation period apply to a claim for periodic payments? (Ontario, Canada)
What is the legal test for adding a defendant to a claim where the limitation period has not yet expired? (Ontario, Canada)
Does the limitation period for damage caused by defective wiring in a car constitute a limitation period under the Highway Traffic Act? (Ontario, Canada)
Can a plaintiff amend its Statement of Claim against Gowlings to allege a new cause of action after the expiry of the limitation period? (Ontario, Canada)
What is the test for a motion to amend a statement of claim after the expiry of the limitation period? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.