What is the test for a statement of claim to interrupt a limitation period?
Ontario, Canada
The following excerpt is from Dugal v. Manulife Financial Corporation, 2011 ONSC 1764 (CanLII):
I acknowledge that there are similarities between this statement of claim and the one before Rady J. in McCann v. CP Ships. That said, every pleading must be considered as a whole and must stand on its own feet. To assert a cause of action so as to interrupt a limitation period and to give the defendant fair notice of why he or she is being sued, the pleading must at least allege the facts necessary to identify the constituent elements of the cause of action.
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