Is the limitation defence used in a sexual assault case?

The respondents argue that the limitations defence is subsumed within abuse of process defence under r. 12.02(1)(c). They argue that it is a waste of time to permit a claim that is statute barred from proceeding to trial: Van de Vrande v. Butkowsky, 2010 ONCA 230, at paras. 24 and 25. That may be true. However, in this case, the parties pleaded the limitations defence separately from the abuse of process defence and the deputy judge referred to only one of them in his November 8 endorsement.