When tacts will be taken
as outside the knowledge of
a person. 1963, c. 47, 2. 7(5) & (6).
Meaning of "appropriate advice". 1963, c. 47, 3. 78),
Application
of Ordinance and other limitation enactments to arbitrations.
2&3 Gco. 6, c. 21, s. 27.
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that (apart from any defence under subsection (1) of section 4) an action would have a reasonable prospect of succeeding and of resulting in the award of damages sufficient to justify the bringing of the action.
32. (1) Subject to the provisions of subsection (2), for the pur- poses of sections 27 to 29 a fact shall, at any time, be taken to have been outside the knowledge (actual or constructive) of a person if, but only if-
(a) he did not then know that fact:
(5) in so far as that fact was capable of being ascertained by him. he had taken all such action (if any) as it was reasonable for him to have taken before that time for the purpose of ascer taining it; and
(c) in so far as there existed, and were known to him, circum- stances from which with appropriate advice within the meaning of section 33 that fact might have been ascertained or inferred, he had taken all such action (if any) as it was reasonable for him to have taken before that time for the purpose of obtain- ing appropriate advice as aforesaid with respect to those circumstances.
(2) In the application of subsection (1) to a person at a time when he was under a disability and was in the custody of a parent, any reference to that person in paragraph (a), (b) or (c) of that subsection shall be construed as a reference to that parent.
33. În sections 31 and 32 "appropriate advice", în relation to any fact or circumstances, means the advice of competent persons qualified, in their respective spheres, to advise on the medical, legal or other aspects of that fact or those circumstances, as the case may be.
PART IV.
GENERAL.
34. (1) This Ordinance and any other Ordinance or imperial enact- ment relating to the limitation of actions shall apply to arbitrations as they apply to actions in the Supreme Court.
(2) Notwithstanding any term in an arbitration agreement to the effect that no cause of action shall accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, the cause of action shall, for the purpose of this Ordin- ance and of any other such Ordinance or imperial enactment (whether in their application to arbitrations or to other proceedings), be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.
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(3) For the purpose of this Ordinance and of any other such Ordinance or imperial enactment as aforesaid, an arbitration shall be deemed to be commenced when one party to the arbitration serves on the other party or parties a notice requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator, or, where the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring him or them to submit the dispute to the person so named or designated,
(4) Any such notice as aforesaid may be served either- (a) by delivering it to the person on whom it is to be served; or (5) by leaving it at the usual or last known place of abode of that
person; or
(c) by sending it by post in a registered letter addressed to that
person at his usual or last known place of abode:
as well as in any other manner provided in the arbitration agreement; and where a notice is sent by post in manner prescribed by paragraph (c), service thereof shall, unless the contrary is proved, be deemed to have been effected at the time at which the letter would have been delivered in the ordinary course of post
(5) Where the court orders that an award be set aside or orders. after the commencement of an arbitration, that the arbitration shall cease to have effect with respect to the dispute referred, the court may further order that the period between the commencement of the arbitra- tion and the date of the order of the court shall be excluded in com- puting the time prescribed by this Ordinance or any such other Ordinance or imperial enactment as aforesaid for the commencement of proceedings (including arbitration) with respect to the dispute referred.
(6) This section shall apply to an arbitration under an Ordinance as well as to an arbitration pursuant to an arbitration agreement, and subsections (3) and (4) shall have effect, in relation to an arbitration under an Ordinance, as if for the references to the arbitration agreement there were substituted references to such of the provisions of the Ordin- ance or of any order, scheme, rules, regulations or by-laws made there- under as relate to the arbitration.
35. For the purposes of this Ordinance, any claim by way of set- off or counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded.
Provisions as to set-off or
counterclaim. 2 & 1 Geo. 6, c. 21, s. 28.
36. Nothing in this Ordinance shall affect any equitable jurisdiction Acquiescence. to refuse relief on the ground of acquiescence or otherwise.
2 & 3 Gea, 6,
c. 21, s. 29.