What is the proper test for prejudice under section 6 of the Limitations Act?
Alberta, Canada
The following excerpt is from Stolk v. 382779 Alberta Inc., 2005 ABQB 440 (CanLII):
In Stout Estate v. Golinowski Estate, 2002 ABCA 49, Wittmann J.A. (as he then was) discussed prejudice in the context of section 6 of the Limitations Act. He noted (at para. 97) that the functional approach, which presumes that amendments will be allowed unless the party resisting amendment can show it will suffer actual prejudice, is the proper approach under section 6 of the Limitations Act.
"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
What is the standard of review analysis in the context of section 2(b) of the Charter, section 4(b), section 5 (b) and section 6 of the PIPA? (Alberta, Canada)
Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn? (Alberta, Canada)
Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
What are the grounds to support an arrest for impaired operation (Section 495(a) and a demand under Section 254(3) for a breath sample? (Alberta, Canada)
What is the effect of the death of a limited partner in a limited partnership? (Alberta, Canada)
Does a finding of guilty under section 129(a) of the Criminal Code stand by virtue of the earlier finding of guilt under the same section? (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 effect of Rand J. in the Turta case on limitation limitation? (Alberta, Canada)
What is the proper approach to an amendment to the limitation period under the ABCA? (Alberta, Canada)
