Can a plaintiff who already knows the material facts before the limitation period expired, sit on her rights and not file a claim?

Manitoba, Canada


The following excerpt is from Hunt v. Lee et al., 2011 MBQB 252 (CanLII):

The defendants argue that if s. 14 is interpreted to allow an extension of the limitation period even where the plaintiff knew the material facts before the limitation period expired, then a person who, for example, knew the material facts six months before the limitation expired can simply sit on her rights and not file a claim. In fact, this was the scenario in Driedger v. Peters where Schulman J. found he had a discretion to refuse to allow the extension. I note that the wording of s. 14 is that “the court, on application, may grant leave” [emphasis added].

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