AMENDMENT OF PROCEEDINGS AFTER LIMITATION PERIODS
AbstractIn light of the frequency with which the issue arises, this article discusses the viability of the rule against plaintiffs amending to change their causes of action following the expiration of the limitation period. To challenge the assumption that allowing such amendment always produces injustice for the defendant, the author reviews the preservation of the rule in Canadian courts. Attempting to justify the judicial reticence toward the rule and suggest a more adequate judicial response, he analyses the rule and its purpose. Finally, he proposes a model rule of practice to deal with the problem comprehensively.
Keywords:Civil Procedure, Limitations
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