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Report No. 89

V Summary of Developments Elsewhere

30.23. Diverse approaches.- The developments elsewhere outlined above show a certain amount of diversity of approach The Saskatchewan Act,1 which is at the one end of the spectrum, confers a very wide power on the cou.-an approach also favoured by the Ontario Law Reform Commission. However, this approach has not escaped criticism.

At the other end of the spectrum is the Alberta Limitation of Actions Act, 1970 which defines certain types of situations in which an amendment could be allowed. The English Rules of the Supreme Court, 1960 stand between the two. According to Lord Denning, "the Court can allow an amendment whenever it is just so to do." But the position in English law should be regarded still as fluid.

1. Para. 30.19, supra.



The Limitation Act, 1963 Back




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