What is the test for a judge's interpretation of the limitation period?

Saskatchewan, Canada

The following excerpt is from Insurance Company of the State of Pennsylvania v. Global Aerospace, Inc., 2010 SKCA 96 (CanLII):

This interpretation is, I suggest, what would be expected in light of the history of this legislation. Its purpose clearly is not to confer discretion in relation to amendments where a limitation period has intervened that is broader than the discretion a judge would have had there been no intervention of a limitation period. That is, it does not put the applicant for approval of a proposed amendment in a better position than he, she or it would have been but for the presumed expiration of the limitation provision. Indeed, that would be an absurd interpretation of the provision. Rather, its purpose is to ameliorate the strictness of the rule in Weldon v. Neal, which would have severely restricted the discretion to allow an amendment in such a case.

Other Questions

Can a judge of the same judge adjudicate two separate adjudications at the same time? (Saskatchewan, Canada)
In what circumstances will a judge be bound to a decision of another judge on a point of law at nisi prius? (Saskatchewan, Canada)
How have words like “my surviving children” been interpreted in a will and how have they been interpreted? (Saskatchewan, Canada)
How have the courts interpreted the findings of the trial judge in the context of sexual assault cases? (Saskatchewan, Canada)
Can a judge interfere with an order of another judge of co-ordinate jurisdiction? (Saskatchewan, Canada)
What is the limitation period for an amendment to an action raising a new cause of action? (Saskatchewan, Canada)
Does the limitation period apply to damages caused by a motor vehicle? (Saskatchewan, Canada)
How has the Rule of Civil Procedure been interpreted and interpreted in the context of a default judgment? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
What is the limitation period for obtaining a writ of claim against a defendant? (Saskatchewan, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.