Asked by Dathan Trejo on Apr 28, 2024
Verified
In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that
A) if a claim was filed after the expiration of the limitation period, and the special circumstances doctrine no longer applied, the action would be prohibited.
B) there is no limitation period to civil cases.
C) when a person sues for negligence, there must also be a breach of contract or the action will fail.
D) limitation periods do not apply to negligence claims.
E) limitation periods do not apply to claims for breach of contract.
Limitation Period
The maximum time after an event within which legal proceedings may be initiated.
Ontario Court of Appeal
The highest court in the province of Ontario, Canada, which hears appeals from lower courts and has the authority to overturn their decisions.
Special Circumstances Doctrine
A legal principle allowing flexibility in sentencing or decision-making due to unique case factors.
- Comprehend the principle and application of limitation periods in civil litigation.
Verified Answer
EV
Edgar ValdezApr 29, 2024
Final Answer :
A
Explanation :
The Ontario Court of Appeal in Joseph v. Paramount Canada's Wonderland held that if a claim is filed after the expiration of the limitation period, and the special circumstances doctrine no longer applies, the action would be prohibited. This emphasizes the importance of adhering to limitation periods in civil litigation.
Learning Objectives
- Comprehend the principle and application of limitation periods in civil litigation.