In a recent case, the Superior Court upheld the Master’s decision to backdate a Statement of Claim that was issued after the expiry of the limitation period.
The limitation period for the plaintiff’s claim was to expire on November 1, 2012.
On October 31st the plaintiff’s lawyer sent the Statement of Claim along with the necessary filing fees by overnight courier from Toronto to the Ottawa Court. Enclosed was a note for the Registrar which advised that the limitation period for filing the claim was November 1st and stating “I would really appreciate if you could call . . . [more]