Can a plaintiff's pleadings be amended to add plaintiffs after the expiry of the limitation period?

Ontario, Canada


The following excerpt is from University Students' Council of the University of Western Ontario v. Assn. of Student Councils (Canada), 2001 CanLII 28373 (ON SC):

I have reviewed the case of Basarsky v. Quinlan, supra and the jurisprudence which followed. The case law establishes that under “special circumstances” pleadings can be amended to set up new causes of action or add plaintiffs, even after the expiry of a limitation period.

Other Questions


If a limitation period is extended after the expiry of the limitation period, is it appropriate to amend the statute of limitation period? (Ontario, Canada)
Can a motion to amend the pleading to add a new claim have brought the proposed amendments within the limitation period? (Ontario, Canada)
Can a plaintiff amend its Statement of Claim against Gowlings to allege a new cause of action after the expiry of the limitation period? (Ontario, Canada)
What is the effect of an amendment to the limitation period on the duration of a limitation period? (Ontario, Canada)
When can a statement of claim be amended after the expiry of the limitation period? (Ontario, Canada)
Does the limitation period for damage caused by defective wiring in a car constitute a limitation period under the Highway Traffic Act? (Ontario, Canada)
What is the test for a motion to amend a statement of claim after the expiry of the limitation period? (Ontario, Canada)
What is the limitation period for filing a motion for leave to amend the pleadings in the other action? (Ontario, Canada)
What is the test for a pleading to be amended after the limitation period has expired? (Ontario, Canada)
Is a plaintiff entitled to plead to plead the particulars of misrepresentation in their statement of claim? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.