Yesterday's decision in Joseph v. Paramount Canada 's Wonderland, 2008 ONCA 469 deals with whether the common law power to extend the time normally prescribed by a limitation period, if 'special circumstances' exist, continues under the new Limitations Act.
The answer is no
Through inadvertence, plaintiff's counsel failed to issue a statement of claim within the limitation period provided under the Limitations Act. On a motion to determine as a question of law whether the claim was statute-barred, the motion judge applied the common law doctrine of special circumstances, and to exercise his discretion to extend the limitation period.
The issue raised was whether that doctrine continues to apply under the new Act.
The Court held:
[12] The question to be answered now is whether the legislature intended to preserve the court's common law discretion to extend limitation periods under the new Act by applying the doctrine of special circumstances. As a matter of statutory interpretation, I have concluded that the answer must be no.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
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