Does a plaintiff have a legally tenable claim against the proposed defendant?
Ontario, Canada
The following excerpt is from Kalair v. Kabir, 2021 ONSC 4736 (CanLII):
Whether a plaintiff has a legally tenable claim against a proposed defendant turns on whether their claim was commenced within the applicable limitation period and where the applicable limitation period has expired, there is an absolute bar to the addition of a party to an already existing action: Arcari v. Dawson, 2016 ONCA 715, at para. 7, leave to appeal to SCC refused, [2016] SCCA No. 522.
"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.
Other Questions
Does a plaintiff have a legally tenable claim against the proposed defendants? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Is a plaintiff's new statement of claim that describes the nature of their employment contract relevant to a whistleblowing claim? (Ontario, Canada)
What is the test for a substantial indemnity claim in a personal injury action brought by a Defendant against a Plaintiff? (Ontario, Canada)
What is the legal tenability of a motion to amend a statement of claim? (Ontario, Canada)
What is the legal test for determining whether a plaintiff has been successful in a personal injury claim? (Ontario, Canada)
What is the legal test for adding a defendant to a claim where the limitation period has not yet expired? (Ontario, Canada)
What is the test for a plaintiff to succeed in her claim against a defendant? (Ontario, Canada)
Is a defendant entitled to enriched costs over and over indemnity fees if there is no reasonable offer to settle a plaintiff's claim by payment of some amount? (Ontario, Canada)
Can a plaintiff continue to serve a jury notice to amend their claim once leave is granted to amend the claim? (Ontario, Canada)
