Lo Faso and Ferracuti contains the following statement on the substantive nature of limitation periods: [17] The defendants argue that the prejudice caused by the expiry of the limitation period makes the amendments untenable. The Supreme Court of Canada… Continue Reading
Endean v. St. Joseph’s General Hospital considers the impact of knowledge of a debtor’s exigible assets in the limitation of foreign judgment recognition proceedings. The appellant obtained a default judgment against the respondent in a South Carolina court. The appellant… Continue Reading
It’s not often that the Court of Appeal disagrees on a limitations issues (or at least until recently when there have been a number of dissents in limitations decisions), and it’s especially rare that the Court disagrees about whether… Continue Reading
The Court of Appeal’s decision in Presley v. Van Dusen is a reminder that a s. 5 analysis requires making findings with respect to each s. 5(1) discovery matter, and reliance on a defendant’s expertise may delay the appropriateness… Continue Reading
The Superior Court decision in H.M.B. Holdings Limited v. The Attorney General of Antigua and Barbuda reads like an exam question: can you use a chain of foreign judgment enforcement proceedings to avoid a limitations issue? Nope. The plaintiff obtained a… Continue Reading
The Divisional Court’s decision in Barrs v. Trapeze Capital Corp. is a reminder that when the court denies a summary judgment motion on a limitations defence, the order isn’t determinative of the limitations defence absent explicit language to that… Continue Reading
Estate of John Edward Graham v. Southlake Regional Health Centre is a medmal decision noteworthy for its consideration of prejudice arising from the expiry of a limitation period, and a rare application of the special circumstances doctrine to the Trustee… Continue Reading
Soleimani v. Rolland Levesque provides an example of an alternative resolution process that doesn’t render a proceeding an inappropriate remedy pursuant to s. 5(1)(a)(iv) of the Limitations Act. Th action involved claims between neighbouring property owners arising out of alleged contamination… Continue Reading
Samuel Beswick, a Harvard legal scholar, studies the impact a mistake of law has on the discovery of a claim. In Under the Limit‘s first guest post, he makes a compelling argument for reconsidering how Canadian limitations law might alter its… Continue Reading
In Sinclair v. Harris, the plaintiff argued that no limitation period applies to claims for breach of a resulting trust relating to real property. The court rejected this argument and found that the ten-year limitation period in s. 4 the… Continue Reading