What are the exceptions to the ABCA 207 limitation period?
Alberta, Canada
The following excerpt is from P.L. v. Alberta, 2011 ABQB 772 (CanLII):
The exceptions to that general principle are set out at para. 10 in Foda v. Capital Health Region, 2007 ABCA 207: 1. Prejudice to the other party that cannot be compensated by costs; 2. The proposed amendment raises a hopeless defence; 3. A new party or cause of action is being proposed after the expiry of the applicable limitation period; and 4. The party seeking the amendment is acting in bad faith.
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