Is a discontinuance which has the effect of adding a defendant after the limitation period?
Alberta, Canada
The following excerpt is from Edmonton (City of) v. Lovat Tunnel Equipment Inc., 2000 ABQB 39 (CanLII):
The Court of Appeal in Neis v. Yancey, supra concluded that the analytical approach should be followed on an application to withdraw a discontinuance which has the effect of adding a defendant after the limitation period.
"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
Can an action commenced within the limitation period by an administrator ad litem be cured? (Alberta, Canada)
What is the effect of the death of a limited partner in a limited partnership? (Alberta, Canada)
What is the effect of Rand J. in the Turta case on limitation limitation? (Alberta, Canada)
What is the test for establishing a limitation period for a claim against a defendant? (Alberta, Canada)
What is the case law around short limitation periods for a claim under the statute of limitation? (Alberta, Canada)
What is the test for determining the applicable limitation period under a statute of limitation? (Alberta, Canada)
What is the limitation period for a plaintiff who was 13 years old when she was injured in a school bus accident? (Alberta, Canada)
Is a third party notice valid after the expiry of the limitation period? (Alberta, Canada)
Does s. 42(1) of the Bankruptcy and Insolvency Code require that there be a redemption period and what is the redemption period? (Alberta, Canada)
What is the limitation of liability of a defendant in a motor vehicle accident case? (Alberta, Canada)
