What is the test for establishing that the statute of limitation period has expired?
Ontario, Canada
The following excerpt is from Lockett v. Boutin, 2011 ONSC 2098 (CanLII):
Drougov v. Ontario, supra, states that: 1. The expiration of a limitation period gives rise to a presumption of prejudice and the onus is on the plaintiffs to rebut the presumption. 2. In order to rebut the presumption of prejudice on this party, the plaintiffs are required to put forth evidence to explain the delay.
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