November 04, 2016
SERVICE OF PROCESS
Subsection 6(4)(b) [of the Limitations Act, R.S.A. 2000, c. L-12], stipulates that the defendant must have received, within the limitation period applicable to the added claim plus the time provided by law for the service of process, sufficient knowledge of the added claim. [The judge interprets] this to mean that the time limit for "the service of process" relates to the "claim"
. . . . .
The judge concludes] that "the time provided by law for the service of process" as used in section 6(4) of the Limitations Act is the time for service of the statement of claim, one year.
© Copyright WestlawNext Canada, Thomson Reuters Canada Limited. All rights reserved.