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Nathan Ganapath
Jan 7, 2013, 05:06 PM
A person (the "victim") was assaulted by 1 of 5 people involved in a criminal activity. The victim only sued the person who he thought assaulted him. As it was part of a criminal conspiracy, the victim ought to have sued all 5 people. Can the victim now add the other conspirators, even though the limitation period has expired, pursuant to s.4(2) of the Limitation Act?

Thank you.

AK lawyer
Jan 7, 2013, 06:37 PM
Where is this?

Oh, I missed it, BC.

Section 4 (2) applies with respect to counterclaims, third party proceedings, set off claims, or adding or substituting parties. It doesn't pertain to claims originally made by the victim, so no..