The Superior Court decision in Fasken Martineau DuMoulin LLP v. Behdad Hosseini et al. sets out the principles of the limitation of a solicitor-initiated assessment under s. 3(c) of the Solicitors Act and concludes that the Limitation Act’s basic limitation period… Continue Reading
The Superior Court decision in Musslam v. Hamilton General Hospital contains a refreshing statement on the reasonableness of a lawyer’s actions when investigating a potential claim. The standard is not perfection, but “contextual reasonableness in the ‘real world’”: [41] As I… Continue Reading
In Polla v. Croatian (Toronto) Credit Union Limited, the Court of Appeal summarised the principles of amending to add a cause of action after the presumptive expiry of the limitation period: [31] The trial judge’s conclusion that the proposed amendment… Continue Reading
The Superior Court decision in RNC Corp. v. Johnstone summarises the evidentiary burden on a motion for judgment on a limitations defence: [25] In Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., [2020] O.J. No. 4761, 2020 ONSC 6748 (S.C.J.) my colleague Sanfilippo… Continue Reading
The Superior Court decision in Caning Construction Limited v. Dhillon finds that a bankruptcy proceeding was not an alternative process that could impact on the appropriateness of a civil action. The bankruptcy proceeding could have determined damages in the civil action,… Continue Reading
The Court of Appeal’s decision in Beaudoin Estate v. Campbellford Memorial Hospital provides a good summary of Trustee Act limitation period: [16] The respondents rely on the limitation period in s. 38 of the Trustee Act. Section 38(1) of the Trustee Act provides that, except in… Continue Reading
The Court of Appeal decision in Albert Bloom Limited v. London Transit Commission contains a great statement on the factual nature of the s. 5(1)(a) analysis. When a claimant knows the s. 5(1)(a) discovery matters is fact-specific and there’s little… Continue Reading
The Court of Appeal decision in Malik v. Nikbakht summarises the limitation of FLA actions. Because they are derivative, the limitation period that applies to the injured person’s action also applies to the dependant’s action: [9] In my view,… Continue Reading
In Fram Elgin Mills 90 Inc. V Romandale Farms Limited, the Court of Appeal summarised the limitation of anticipatory breach actions: [258] An anticipatory breach of contract occurs when one party to a contract, by express language or conduct, or as… Continue Reading
The Superior Court decision in Wood v. David Mitchell et al. makes two points relevant to s. 7 analyses. First, a lawyer’s observations and views about a person’s capacity can be factors in a s. 7 analysis: [23] Several months… Continue Reading