Ontario: the discovery of solicitor’s negligence claims

Lausen v. Silverman is a well-reasoned decision from the Court of Appeal considering the discovery of a solicitor’s negligence claim. The plaintiff was injured in a car accident.  She consulted the defendant solicitor, who commenced an action on her behalf against the other… Continue Reading

Ontario: modified objective discovery

Justice Parfett’s decision in Fernandes v. Goveas is a textbook example of applying the modified objective test in a discovery analysis. Section 5(1)(b) of the Limitations Act contains the test.  This provision asks when a reasonable person (the objective component) with… Continue Reading

Ontario: the Court of Appeal on due diligence and discoverability

In Fennell v. Deol, the Court of Appeal clarified the role due diligence plays in the discovery analysis.  It’s a fact that informs the analysis, but not a separate and independent reason for dismissing a plaintiff’s claim as statute-barred. Fennell… Continue Reading