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ARTICLE · 26 JUNE 2006

The Revival Of Forum Shopping for Limitations Deadlines

Blake, Cassels & Graydon LLP
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Parties should exploit the strategic opportunities and be mindful of the potential pitfalls that arise from the double limitation period resulting from section 12 of the Alberta Limitations Act, section 27 of the Saskatchewan Limitations Act, and the recent decision of the Supreme Court of Canada in Castillo.

CanadaLitigation, Mediation & Arbitration
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Article by Bryan Duguid, ©2006 Blake, Cassels & Graydon LLP

This article was originally published in Blakes Bulletin on Litigation - May 2006

Parties should exploit the strategic opportunities and be mindful of the potential pitfalls that arise from the double limitation period resulting from section 12 of the Alberta Limitations Act, section 27 of the Saskatchewan Limitations Act, and the recent decision of the Supreme Court of Canada in Castillo.

Limitations deadlines are unforgiving. If they are missed, the claim is extinguished. This raises important strategic considerations in connection with section 12 of the Limitations Act, R.S.A. 2000, c. L-12 (Alberta Section 12) and the related decision released in late December 2005 by the Supreme Court of Canada in Castillo v. Castillo (Castillo). Alberta Section 12 states:

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