{"id":380,"date":"2016-03-27T16:42:16","date_gmt":"2016-03-27T20:42:16","guid":{"rendered":"http:\/\/limitations.ca\/?p=380"},"modified":"2016-03-27T16:43:16","modified_gmt":"2016-03-27T20:43:16","slug":"ontario-outcomes-of-a-motion-to-add-a-presumptively-out-of-time-claim","status":"publish","type":"post","link":"http:\/\/limitations.ca\/?p=380","title":{"rendered":"Ontario: outcomes of a motion to add a presumptively out of time claim"},"content":{"rendered":"

In Howell v Jatheeskumar<\/a><\/em>, Justice LeMay provides a helpful\u00a0summary of\u00a0the possible outcomes of an opposed motion to add a party to an action after the\u00a0expiry of the presumptive limitation period:<\/p>\n

[35]\u00a0\u00a0 \u00a0\u00a0\u00a0When these cases are read together, it becomes clear that there are three possible outcomes to a motion such as this one.\u00a0 First, the Court could determine that there was insufficient due diligence on the part of the Plaintiff and her counsel, and that there was no other to extend the time limits, thereby defeating any claim that the Plaintiff may have to extend the time limits as a result of the principles of discoverability.\u00a0 Second, the Court could determine that there was a triable issue about the issues of discovery and whether the claim was timely as a result of the application of those principles.\u00a0 This triable issue could include any question of whether there was any other Act by or under which the limitations period could be extended.\u00a0 Finally, the Court could determine on the materials filed that there was clearly an issue of discoverability that made the claim timely.<\/p><\/blockquote>\n

In other news, expect quite a few updates in the coming days as we make up\u00a0for a\u00a0our lack of diligence in February and March.<\/p>\n","protected":false},"excerpt":{"rendered":"

In Howell v Jatheeskumar, Justice LeMay provides a helpful\u00a0summary of\u00a0the possible outcomes of an opposed motion to add a party to an action after the\u00a0expiry of the presumptive limitation period: [35]\u00a0\u00a0 \u00a0\u00a0\u00a0When these cases are read together, it becomes clear that there are three possible outcomes to a motion such as this one.\u00a0 First, the … Continue reading Ontario: outcomes of a motion to add a presumptively out of time claim<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[199,115,162],"class_list":["post-380","post","type-post","status-publish","format-standard","hentry","category-ontario","tag-apologies-for-laziness","tag-ontario-act-s-21a","tag-pleadings"],"_links":{"self":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/380","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=380"}],"version-history":[{"count":1,"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/380\/revisions"}],"predecessor-version":[{"id":381,"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/380\/revisions\/381"}],"wp:attachment":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=380"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}