Can a limitation defence be relied on by the Respondent in the context of discoverability period?
Ontario, Canada
The following excerpt is from 1413910 Ontario Inc. (Bulls Eye Steakhouse & Grill) v. McLennan, 2008 CanLII 35265 (ON SC):
The case relied on by the Respondent, of De Shazo v. Nations Energy Co.[9], can be readily distinguished. The Applicant here did not and could not in my view know whether or not there were funds to satisfy its judgment until the judgment was quantified, well within the discoverability period. The limitation defence therefore fails.
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