The decision in Rawsthorne v. Marotta confirms that s. 31 of the Public Hospitals Act is not subject to the common law principle of discovery: [30] The case law is clear that the s. 31 limitation period is… Continue Reading
We overlooked this 2016 Court of Appeal decision in Arcari v. Dawson that considers adding a party to a proceeding after the presumptive expiry of the limitation period. The Court described the relevant principles: [10] When a plaintiff’s motion to add… Continue Reading
In Bank of Nova Scotia Trust Company v. Iaboni, Justice Mullins held that claims asserted in a Notice of Objection filed in an application to pass account are statute-barred: [32] The objections of Mr. C. Iaboni that… Continue Reading
In Parmar v. Teachers Life, Justice Faieta held that the limitation period in Teachers Life’s “Educators Income Protection Plan and Policy” doesn’t apply to a claim for denial of coverage under the policy. Instead, the Limitation Act‘s basic two-year limitation applies:… Continue Reading
Lundy v. Lundy is the most recent decision to consider the extension of the limitation period under the Family Law Act. Relatively few decisions consider this issue, and for that reason I bring it to your attention.
Presidential MSH Corporation v. Marr Foster & Co. LLP is another excellent decision from the Court of Appeal applying s. 5(1)(a)(iv) of the Limitations Act. Where the plaintiff relies on an alternative process that would substantially eliminate its loss so… Continue Reading
In Usanovic v. Penncorp Life Insurance Company (La Capitale Financial Security Insurance Company), Court of Appeal has confirmed that an insurer’s duty of good faith does not require it to give notice of the limitation period to its insured. While the… Continue Reading
In Edan Agency Inc. v. Palinkas, the Court of Appeal held that limitation periods do not “generally” run against possessory liens. This is because such a lien is a defence, and defences are not subject to statutory limitation periods. This… Continue Reading
The Court of Appeal has held that when one joint tortfeasor has died and the other makes a crossclaim for indemnity against her estate, s. 38(3) of the Trustee Act limits the claim, not the Limitations Act’s s. 18 contribution… Continue Reading
In Shaw v. Barber, Justice McNamara held that the appointment of the Office of the Public Guardian and Trustee as guardian of property doesn’t cause a limitation period to commence: [13] […] Where [the parties] disagree completely is when… Continue Reading