Is there any impropriety in commencing a second action to avoid the effect of the Limitation Act?
British Columbia, Canada
The following excerpt is from Canada (Attorney General) v. Khonsari, 2016 BCSC 632 (CanLII):
Newbury J.A. held there was no impropriety in commencing the second action and referred, inter alia, to Young v. Younge, supra. She described the first argument on the appeal which was to the effect that the court should countenance the commencement of a new action to avoid the effect of the Limitation Act only when the plaintiff was able to demonstrate “good faith but unsuccessful efforts to collect on the earlier judgment”. Newbury J.A. did not agree and wrote at paras. 15, 16 and 17:
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