What is the effect of applying the statute of limitations on a plaintiff’s claim?
British Columbia, Canada
The following excerpt is from Donegan v. Winter, 2016 BCSC 2103 (CanLII):
Almost all applications of limitations statutes will seem harsh. But their finality should not obscure their value. They bring needed stability to society by enabling potential defendants to plan their affairs in the safe assumption that stale claims cannot be raised against them. They minimize the risk that evidence relevant to the claim will be lost. In addition, they are an incentive for plaintiffs not to “sleep on their rights.” See Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549, at para. 34.
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