Can a provincial exception to a limitation period expiry apply if the matter is in Federal Court? In certain cases, it can.
The Federal Courts Act, R.S.C. 1985, c. F-7, s. 39(1) incorporates the laws relating to prescription and the limitation of actions arising in that province:
Prescription and limitation on proceedings
39 (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.
References
- Federal Courts Act, R.S.C. 1985, c. F-7 - Justice Laws