ARTICLE · 04 AUGUST 2014

Court Agrees To Backdate Claim That Was Issued Outside Limitation Period

Minden Gross LLP

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In a recent case, the Superior Court upheld the Master’s decision to backdate a Statement of Claim that was issued after the expiry of the limitation period.

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Minden Gross LLP

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In a recent case, the Superior Court upheld the Master's decision to backdate a Statement of Claim that was issued after the expiry of the limitation period.

The limitation period for the plaintiff's claim was to expire on November 1, 2012.

On October 31st the plaintiff's lawyer sent the Statement of Claim along with the necessary filing fees by overnight courier from Toronto to the Ottawa Court. Enclosed was a note for the Registrar which advised that the limitation period for filing the claim was November 1^st and stating "I would really appreciate if you could call me once these are issued to let me know it's been done."

The documents arrived at the court house the morning of November 1^st. However, the Registrar did not issue the claim or call the plaintiff's lawyer. Instead, they mailed the claim back and advised that the claim had to be issued in person, not via courier.

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