Ontario: Court of Appeal limits the impact of knowledge of a debtor’s assets on the limitation of foreign judgment proceedings

Endean v. St. Joseph’s General Hospital considers the impact of knowledge of a debtor’s exigible assets in the limitation of foreign judgment recognition proceedings. The appellant obtained a default judgment against the respondent in a South Carolina court. The appellant… Continue Reading

Ontario: Court of Appeal continues to disagree about limitations analyses (and clarifies that fraudulent concealment doesn’t apply to s. 5)

  It’s not often that the Court of Appeal disagrees on a limitations issues (or at least until recently when there have been a number of dissents in limitations decisions), and it’s especially rare that the Court disagrees about whether… Continue Reading

Ontario: A defendant’s expertise can impact on discovery even when the defendant isn’t a professional

  The Court of Appeal’s decision in Presley v. Van Dusen is a reminder that a s. 5 analysis requires making findings with respect to each s. 5(1) discovery matter, and reliance on a defendant’s expertise may delay the appropriateness… Continue Reading

Ontario: a clever but futile attempt to avoid an expired limitation period in foreign judgment enforcement

The Superior Court decision in H.M.B. Holdings Limited v. The Attorney General of Antigua and Barbuda reads like an exam question: can you use a chain of foreign judgment enforcement proceedings to avoid a limitations issue? Nope. The plaintiff obtained a… Continue Reading

Ontario: prejudice from an expired limitation period, and special circumstances

Estate of John Edward Graham v. Southlake Regional Health Centre is a medmal decision noteworthy for its consideration of prejudice arising from the expiry of a limitation period, and a rare application of the special circumstances doctrine to the Trustee… Continue Reading

Ontario: an alternative resolution process that didn’t impact on the limitation period

Soleimani v. Rolland Levesque provides an example of an alternative resolution process that doesn’t render a proceeding an inappropriate remedy pursuant to s. 5(1)(a)(iv) of the Limitations Act. Th action involved claims between neighbouring property owners arising out of alleged contamination… Continue Reading

Reconsidering mistakes of law and discoverability

Samuel Beswick, a Harvard legal scholar, studies the impact a mistake of law has on the discovery of a claim.  In Under the Limit‘s first guest post, he makes a compelling argument for reconsidering how Canadian limitations law might alter its… Continue Reading