Ontario: Adverse possession is a limitations issue

Justice McKinnon’s decision in Osman v. Heath sets out nicely the principles of adverse possession.  Perhaps surprisingly to those who don’t practice in the area, these are limitations principles determined by the Real Property Limitations Act.  Here are the relevant… Continue Reading

Ontario: when no investigation is a reasonable investigation

  Galota v. Festival Hall Developments Limited is a noteworthy, well-reasoned limitations decision from the Court of Appeal holding that in the circumstances, it was reasonable for the plaintiff to have taken no steps to discover her claim for about five… Continue Reading

ONTARIO: The Limitations Act still has nothing to do with the Consumer Reporting Act

The plaintiff in Grant v. Equifax Canada Co advanced a quite clever, but entirely incorrect argument that the Limitations Act applies to the Consumer Reporting Act, which we wrote about here. The Court of Appeal upheld the motion judge’s decision rejecting the argument: [5]         The… Continue Reading