Ontario: extending the time for net family property equalization

Freire v. Freire refuses a motion to extend the limitation period in s. 7(3) of the Family Law Act for bringing an application for equalization of net family property.  It appears a well-reasoned decision, though I confess to having not read… Continue Reading

Ontario: the Divisional Court on the nunc pro tunc doctrine

The Divisional Court has confirmed that the entitlement to an order granting leave nunc pro tunc to commence a derivative action under s. 26 of the Business Corporations Act requires bringing the leave motion within the limitation period. In 1186708… Continue Reading

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