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

Ontario: It’s still a two-year limitation period for IRB claims

  In Bonilla v. Preszler,  the appellant argued that the respondent’s termination notice for her Income Replacement Benefits was not clear and unequivocal and that the applicable limitation period was “rolling”.  This was a futile position and the Court of… Continue Reading

Ontario: bad limitations analyses are why we can’t have nice things

Two recent decisions contain limitations analyses sufficiently flawed for me to ask that you indulge my pedantry.  This lesson is titled A bad limitations analysis makes everyone lose.     In Lawyers’ Professional Indemnity Company v. Lloyd’s Underwriters, the analysis begins with a… Continue Reading