Ontario: discovery doesn’t require knowledge of culpability

In Dale v. Frank, the Court of Appeal reiterated that discovery of a claim doesn’t require knowledge that the defendant’s act or omission was culpable.  To require a plaintiff to know with certainty that the defendant’s wrongful conduct caused her… Continue Reading

Ontario: Limitations Act doesn’t apply to applications for attorney compensation

In April, I reported that in Armitage v. The Salvation Army, Justice Ray held wrongly that the limitation period for claiming compensation as a property attorney commences on the death of the person who granted the power of attorney.  I… Continue Reading

Ontario: Appealing from an order dismissing an OBCA claim as statute-barred

An appeal from a final order made under the Business Corporations Act is to the Divisional Court even where the order dismisses the proceeding as statute-barred. In 1186708 Ontario Inc. v. Gerstein, the plaintiffs brought a motion under s. 246… Continue Reading