What is the limitation period for obtaining a writ of claim against a defendant?
Saskatchewan, Canada
The following excerpt is from Abbas-Hasanie et al. v. Regina (City) and Alvord, Burdick & Howson et al. (No. 1), 1990 CanLII 7464 (SK QB):
The time that has elapsed in the present case has not extended beyond any applicable limitation period. Lord Diplock said in Birkett v. James, [1977] 2 All E.R. 801, at p. 808: "... [T]ime elapsed before the issue of a writ within the limitation period cannot of itself constitute inordinate delay however much the defendant may already have been prejudiced by the consequent lack of early notice of the claim against him. ..."
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