The plaintiff must therefore rely on s. 4 of the Limitation Act, which states that the expiry of a limitation period is not a bar to adding a new party. Whether or not a party will be added in those circumstances is a matter of judicial discretion: Letvad v. Finley (2000), 82 B.C.L.R. (3d) 296, 2000 BCCA 630. Because s. 4 requires there to be an existing action that was started within the limitation period, there is not likely to be the potential for the extreme delay that the court was concerned about in Edgeworth.
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