A Rule 21 Motion Is Appropriate To Determine A Limitation Issue When No Material Facts Are In Dispute, And No Finding Of Discoverability Is Required

In Davidoff v Sobeys Ontario, 2019 ONCA 684, the Court of Appeal for Ontario considered the formal requirements that must be in a Notice of Action in order to properly commence a claim within the limitation period, and whether it was appropriate to bring a Rule 21 motion to strike to determine a limitation period issue.

The plaintiff brought an action against the defendant for wrongful dismissal. Both parties agreed that the limitation period expired on October 6, 2017 - two years following the termination of employment. On September 29, 2017, the plaintiff mailed a letter entitled "Notice of Action for Wrongful Dismissal and Defamation of Alexander Davidoff" to the defendant's...