Can an April 2015 order purports to be nunc pro tunc, including under s. 38 of the BIA, extend the limitation period to s.38 of the Bankruptcy and Insolvency Act?
Ontario, Canada
The following excerpt is from Syed v. Nirman, 2018 ONSC 4741 (CanLII):
In conclusion, although the April 2015 order purports to be nunc pro tunc, the court has no authority to make a nunc pro tunc order, including under s. 38 of the BIA, if the party did not seek such an order before the relevant limitation period expired. The limitation period intervened in this case long before the order was sought. In light of the authorities, I conclude that the April 2015 order can only “reach back” for a period of two years – the limitation period. It is of no assistance to the plaintiffs. The Rule in Foss v. Harbottle Bars the Plaintiffs’ Claim for Loss of Investments and Income
"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.
Other Questions
If a limitation period is extended after the expiry of the limitation period, is it appropriate to amend the statute of limitation period? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What is the effect of an amendment to the limitation period on the duration of a limitation period? (Ontario, Canada)
What is the effect of the doctrine of nunc pro tunc on a motion to extend the limitation period in a securities class action? (Ontario, Canada)
Does the limitation period for damage caused by defective wiring in a car constitute a limitation period under the Highway Traffic Act? (Ontario, Canada)
What is the test for determining whether a defendant has an interest in extending the limitation period of a claim? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
What is the difference between the period of imprisonment and period of long-term supervision order? (Ontario, Canada)
Can a court ignore or extend the limitation period if it is found to have expired? (Ontario, Canada)
When will a court order an interim order to place a temporary order on a temporary parent? (Ontario, Canada)
