Is there any case law where a plaintiff commenced an action a year before the limitation period expired?
British Columbia, Canada
The following excerpt is from Dhaliwal v. Nuff, 2013 BCSC 1637 (CanLII):
Regardless, I am persuaded by plaintiff’s counsel that, in considering this factor, the court should take into account the position the defendant would have been in had the plaintiff commenced the action shortly before the two year limitation period expired and not, as was the case here, a full year before the limitation deadline: see Erickson Estate v. Burmaster 1990 CanLII 1086 (S.C.) at 4 and 5.
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