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    CEG's Avatar
    CEG Posts: 3, Reputation: 1
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    #1

    Feb 26, 2007, 08:52 AM
    Effects of new Limitations Act on Appeals?
    I had a breach of contract lawsuit dismissed for want of prosecution in 1992. The lawsuit took place in Ontario. Can this suit be appealed when I die and my estate is probated? Am I protected by the new Statute of Limitation law in Ontario? Thank you for any help you can provide, I am trying to take every possible step to protect myself and my estate.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #2

    Feb 28, 2007, 01:57 AM
    What?

    Why was it dismissed in 1992?

    You were the defendant I take it? Then why would the plaintiff want to avoid a court date?

    Am I missing something here? Or did you ask for it?
    CEG's Avatar
    CEG Posts: 3, Reputation: 1
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    #3

    Feb 28, 2007, 07:52 AM
    Quote Originally Posted by CaptainForest
    What?

    Why was it dismissed in 1992?

    You were the defendant I take it? Then why would the plaintiff want to avoid a court date?

    Am I missing something here? Or did you ask for it?

    Thanks for any help CaptainForest,

    My breach of contract case was dismissed by the court because of “want of presecution”. I was the defendant. My lawyer and I filed a motion (May 1992) and asked for it to be dismissed because the plaintiff hadn’t moved with it or provided a lot of evidence. The plaintiff never appealed at that time. This lawsuit started in May of 1988.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #4

    Feb 28, 2007, 08:29 PM
    The SOL of 6 years/2 years only applies to people who have to FILE the law suit initially.

    Since this law suit has been filed, I don't know what, if any, SOL would apply.

    Your best bet would simply be to run it by your attorney.

    I think would you will need to is file a motion in court to dismiss the law suit on the ground of no evidence and then see what the plaintiff does. But you should discuss this matter with an attorney.
    CEG's Avatar
    CEG Posts: 3, Reputation: 1
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    #5

    Mar 1, 2007, 07:39 AM
    Captainforest: Thanks for the prompt advice. Since I posted the question, I've received a phecall from my lawyer. He assured me that this lawsuit was now statute barred. The plaintiff would have had to force the issue between 1988 and 1994 and he didn't. He also never appealed and missed that deadline. Thanks for all the help, eveything you said was true, I needed to contact the my lawyer.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #6

    Mar 2, 2007, 08:09 PM
    Cool, glad you have your answer CEG!

    You're welcome!
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