Skip to content

Brought to you by

Dentons logo

Limitations Law Blog

Updates on key developments on laws involving limitation periods in Ontario.

open menu close menu

Limitations Law Blog

  • Home
  • About us

Distinction between Adding a Party and Adding an Individual to the Factual Narrative

By Dentons Limitations Law Group
June 3, 2018
  • Amending Pleadings
Share on Facebook Share on Twitter Share via email Share on LinkedIn

In Eliot Shore v Capital Sports Properties Inc., 2018 ONSC 3064, the Court differentiated between “adding a party to an existing claim” as opposed to “adding a new individual to the factual narrative” after the limitation period passed.

The plaintiffs named an individual in respect of certain allegations made in an amended statement of claim. Section 21 of the Ontario Limitations Act prohibits adding a new party to an existing claim once the limitation period has passed. As a result, the defendants attempted to strike the amendment due to the limitation period being expired. However, the court held that the limitation period argument did not apply because the plaintiff added the name to the narrative rather than as an additional party. 

While the court ultimately concluded that the plaintiff could not name the new person in the narrative (because it contained new allegations that were not permitted pursuant to a previous Order of the Court), this decision illustrates that there is a distinction between adding a new party and adding a new individual to the narrative of the claim for the purpose of limitation periods.

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Dentons Limitations Law Group

About Dentons Limitations Law Group

The Limitations Law Blog contains summaries of the latest developments arising from appellate and lower court decisions on limitations law in Ontario. Subscribe today and be one of the first to receive our insights on recent limitations law developments in Ontario.

All posts

RELATED POSTS

  • Amending Pleadings

Leave to commence derivative action allowed where continuous breaches occurred under an agreement

By Dentons Limitations Law Group
  • Adding a Party
  • Amending Pleadings

No Second Round in the Ring on Limitation Issue

By Ara Basmadjian
  • Amending Pleadings

Divisional Court cautions that seeking declaratory relief is not a means to circumvent applicable limitation periods

By Dentons Limitations Law Group

About Dentons

Dentons is designed to be different. As the world’s largest law firm with 20,000 professionals in over 200 locations in more than 80 countries, we can help you grow, protect, operate and finance your business. Our polycentric and purpose-driven approach, together with our commitment to inclusion, diversity, equity and ESG, ensures we challenge the status quo to stay focused on what matters most to you. www.dentons.com

Dentons boilerplate image

Twitter

Categories

  • Acknowledgment
  • Adding a Party
  • Amending Pleadings
  • Attempted Resolution
  • Contribution and Indemnity
  • COVID-19
  • Demand Obligations
  • Discoverability
  • Enforcement of Foreign Judgments
  • General
  • Limitation Periods contained in "Other Acts"
  • Limitation Periods in Federal Court
  • Misnomer
  • Motions to Strike
  • Notable cases in other provinces
  • Special Circumstances
  • Statutory Variation of Time Limits
  • Successors
  • Tolling/Varying Agreements
  • Transitional Provisions
  • Ultimate Limitation Periods

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo

© 2023 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site