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ARTICLE · 18 MAY 2023

Rule 21 Has Its Limitations For Determining Limitation Period Issues

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Even for a lay-person, the limitation period seems easy to understand on the surface. Section 4 of the Limitations Act, 2002, SO 2002, c 24, Sch B states in plain language that...

CanadaLitigation, Mediation & Arbitration
Michael Dunk
Michael Dunk
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Even for a lay-person, the limitation period seems easy to understand on the surface. Section 4 of the Limitations Act, 2002, SO 2002, c 24, Sch B states in plain language that: "Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered." Much litigation occurs over the opening 5 words of that section as well as when a claim was "discovered."

In Toussaint v Canada (Attorney General), 2023 ONCA 117, the Court of Appeal for Ontario reminded parties of an additional procedural consideration when bringing limitation period motions: Whether to bring the motion under Rule 20 or 21 of the Rules of Civil Procedure, RRO 1990, Reg 194.

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