[gnso-rpm-wg] PDDRP topics -- limitation period to bring a PDDRP

[George Kirikos]

I would go with:

"two years from the earlier of the day on which the essential elements
(act or omission by a known person resulting in damages to the
claimant) of the claim are known to the claimant and the day on which
they are discoverable."

as per:

http://www.casselsbrock.com/Doc/Limitations_Law_in_Ontario_1464

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/


On Wed, Jul 20, 2016 at 1:58 PM, Doug Isenberg
<disenberg at gigalawfirm.com> wrote:
> Two years from when?
>
> Doug Isenberg
> www.GigaLaw.com
>
>
>
>
> On July 20, 2016 1:50:04 PM George Kirikos <icann at leap.com> wrote:
>
>> Hi folks,
>>
>> I don't think this was brought up before yet in the context of the
>> PDDRP, but perhaps it can be added to the list of topics.
>>
>> It would be very odd if complainants were allowed to bring a PDDRP for
>> a matter that was not able to be brought by them in a court of law,
>> because it was barred by the relevant statute of limitations. I think
>> amending the PDDRP to explicitly add a time limit for bringing a PDDRP
>> would make sense, to handle this situation. 2 years would be a
>> suitable limit, in my opinion, and would help ensure that complaints
>> are brought in a timely fashion.
>>
>> Thoughts?
>>
>> Sincerely,
>>
>> George Kirikos
>> 416-588-0269
>> http://www.leap.com/
>> _______________________________________________
>> gnso-rpm-wg mailing list
>> gnso-rpm-wg at icann.org
>> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
>
>
>
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