Sentences with phrase «expiration of the limitation period»

In Canada, the obligation to investigate claims and identify responsible parties prior to the expiration of the limitation period is placed squarely on the plaintiff.

Special circumstances included a reasonable explanation for the delay in issuing a claim, the presence of prima facie grounds for relief, and whether the potential defendant was aware of the claim prior to the expiration of the limitation period.

For claims that accrued prior to September 28, 2012, the limitations period is the earlier of: eight years from September 28, 2012 (in other words, September 28, 2020); or the expiration of the limitations period in effect prior to the enactment of Senate Bill 224 (15 years from the date of the breach of the contract).

On the other hand, it is also clear that the plaintiff only sought arbitration in view of the position taken by the defendant on this motion combined with the expiration of the limitation period.

The absence in the jurat of the date in September when the information was sworn does not lead to the conclusion that it was laid prior to the expiration of the limitation period.

It acknowledged there were valid arguments on both sides of the issue but preferred the conclusion that the expiration of the limitation period for P's hypothetical damages action against D2 — hypothetical because P did not sue D2 in time or did not sue D1 at all — did not provide D2 a defence to D1's contribution claim.

Both courts arrived at the same conclusion: the expiration of that limitation period does not provide a defence.

This issue — the effect of the expiration of the limitation period governing the hypothetical damages action by P against D2 on D1's right to contribution from D2 — was recently considered and decided by both the Ontario Court of Appeal and the British Columbia Court of Appeal.

The expiration of the limitation period with respect to a principal debt shall have the same effect with respect to an obligation to pay interest on that debt.