Is a failure to commence an action within the applicable limitation period a complete defence?
Alberta, Canada
The following excerpt is from Shinnez-Lee Yellowbird v. Chief and Council of the Samson Cree Nation No. 444, 2003 ABQB 535 (CanLII):
Failure to commence an action within the applicable limitation period may be a complete defence, but evidence is necessary to prove that it is beyond doubt that the claim is statute barred: Boudreault v. Barrett (#1), [1995] A.J. No.766 (Alta C.A.).
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