The Court of Appeal granted the plaintiff’s appeal in Brown v. Woodstock. The motion judge had found his claims statute-barred based on jurisprudence holding that a cause of action for damages for false arrest, false imprisonment, and breach of… Continue Reading
Two aspects of the Court of Appeal decision in Abrahamovitz v. Berens are noteworthy. First, the court explains why the expiry of the limitation period is a defence that must be pleaded in enough detail to makes this a… Continue Reading
In Douglas v. Stan Fergusson Fuels Ltd., the Court of Appeal left open the possibility that s. 21 of the Limitations Act might be broad enough to include mistake as to identity rather than merely a misdescription: [112] In my view,… Continue Reading
One of the few really consequential unresolved limitations issues is whether the commencement of the limitation period for claims for contribution and indemnity commences always on the day of service of the statement of claim in the proceeding for which… Continue Reading
Since the early days of the Limitations Act, plaintiffs have ventured the not especially clever argument that by seeking only a declaration they can engage the exception in s. 16(1)(a) of the Limitations Act for a proceeding for a declaration… Continue Reading
The Court of Appeal decision in O’Brien-Glabb v. National Bank of Canada states the principle that the plaintiff bears the onus of establishing the inappropriateness of a proceeding as part of a discovery argument: [13] We agree with the appellant… Continue Reading
In the Wall Estate, the court held that the Limitations Act does not apply to a claim asserted in a beneficiary’s Notice of Objection to Accounts: [1] The discreet issue for consideration at this motion is as… Continue Reading
In Scicluna v. Solstice Two Limited, the Court of Appeal reminds us that an application to recover monies advanced in a real estate purchase is subject to the Real Property Limitations Act: [25] Although the application judge should have responded… Continue Reading
The limitation period in s. 39(2) of the Federal Courts Act applies when a cause of action arises otherwise than in a province: (2) A proceeding in the Federal Court of Appeal or the Federal Court in respect of a cause… Continue Reading
The Court of Appeal’s decision in Alguire v. The Manufacturers Life Insurance Company is noteworthy for the following points: It affirms that a request for rectification is a “claim” within the meaning of the Limitations Act: [26] In my view,… Continue Reading