Ontario: the limitations implications of withdrawing a claim

Curtis v. The Bank of Nova Scotia is a recent authority for the principle that removing a claim from a pleading causes the limitation period to continue running.  A plaintiff can’t reintroduce the claim if the limitation period has expired:

[22]       Mr. Curtis’ present Further Fresh As Amended Statement of Claim contains a series of paragraphs concerning what Mr. Curtis calls “bad faith breach of contract.” Having reviewed these paragraphs, I have concluded that they are primarily a reintroduction of the wrongful and constructive dismissal claim Mr. Curtis voluntarily removed from his pleading in January, 2016 almost four years ago. As such, its reintroduction at this point represent a violation of the two year limitation period under the Limitations Act, namely the introduction of a cause of action long after the expiration of the limitation period. Whether Mr. Curtis originally pleaded this cause of action is immaterial. He removed it in January, 2016, four years ago, and cannot now reintroduce it.