Case Summary 3.2

Does a Judge Have Discretion to Extend a Limitation Period? Joseph v. Paramount Canada's Wonderland56Joseph suffered an injury at Paramount's amusement park. His lawyer prepared a statement of claim, but his assistant did not file it before the limitation period expired. She believed that the relevant limitation period was six years. However, in Ontario the Limitations Act, 2002 established a basic two-year limitation period and an ultimate limitation period of 15 years. (The basic limitation period runs from when the claim is discovered.) When the lawyer realized the error that had been made, he filed and served the statement of claim. The defendant applied for a ruling that the action was barred since the limitation period had expired. A judge of the Superior Court of Justice held that the action was barred by the two-year limitation period provided by the new Act. The judge also held, however, that he had discretion under the common law doctrine of special circumstances to extend the time to commence an action as ? long as there was no prejudice to the defendant that could not be compensated for with either costs or an adjournment.The Court of Appeal briefly discussed the aim of the new Act ("to balance the right of claimants to sue with the right of defendants to have some certainty and finality in managing their affairs"). It also discussed some of the reforms introduced by the new Act, such as the doctrine of discoverability. With respect to the special circumstances doctrine, the Court held that the Ontario legislature did not intend that the courts would continue to have discretion to extend the limitation periods under the new Act, which was intended to be comprehensive.Discussion QuestionsIf the special circumstances doctrine no longer applies and a claim is not filed prior to the expiration of the limitation period because of a mistake by a lawyer's assistant, is the plaintiff out of luck? Is there anyone who could be held liable for the damages she may have recovered if her lawsuit had proceeded? If there is an ultimate limitation period, claims that have not been discovered prior to the expiration of the period can never be pursued. Is that fair?

Case Summary 3.2 Does a Judge Have Discretion to Extend a Limitation Period? Joseph v. Paramount Canada's Wonderlands Joseph suffered an injury at Paramount's amusement park. His lawyer prepared a statement of claim. but his assistant did not file it before the limitation period expired. She believed that the relevant limitation period was six years. However, in Ontario the Limitations Act. 2002 estabiished a basic two-year limitation period and an ultimate limitation period of 15 years. (The basic limitation period runs from when the claim is discovered.) When the lawyer realized the error that had been made. he filed and served the statement of claim. The defendant applied for a