A recent example of this is an earlier appeal decision in this action, Kaynes v. BP, P.L.C., 2018 ONCA 337, 81 B.L.R. (5th) 6, where the court found that it was plain and obvious that some of the statutory claims, where the limitation period runs from the date the misrepresentation was made, were statute-barred. One of the arguments on that appeal was the same one made here, that the issue should not be decided on a r. 21 motion before a defence is filed and the facts are ascertained. In rejecting that submission, the court stated at para. 13: The appellant submits that this case was not appropriate for determination as a Rule 21 motion. We disagree. In a case such as this where the parties agree that there are no material facts in dispute, it is an efficient use of court resources to determine limitations defences on a Rule 21 motion.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.