Thus, in order to determine whether or not a group of persons is an undertaking, whether or not a person is a shareholder of an undertaking, account must be taken of the actual relationship between the parties, as it results from all the relevant facts and not solely from profit-sharing. Complainants benefit from toll agreements because they are able to extend the time they have to investigate and gather evidence to support their claim. In the absence of a toll agreement and without sufficient evidence to form the basis of a questionable claim before the expiry of the limitation period, a plaintiff may lose forever his chance to file a lawsuit. Therefore, when the finding of fault occurs on December 15, 2017, the rest status prevents any legal action. Because more than seven years have passed. The same applies where the parties were not aware of the fault and therefore could not have brought legal action beforehand. Consider, for example, that a woman has a valid right against an accused. She has details about a sexual relationship with the accused when she was at night. Remember that the accused was married at that time and was a candidate for Congress. The defendant benefits from a toll agreement, as the lawyers are working to settle the case.

The case will undoubtedly involve a confidentiality agreement.. . . .

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