Ontario: Court of Appeal on the knowledge required to plausibly infer liability

The Court of Appeal decision in Di Filippo v. Bank of Nova Scotia explains the degree of knowledge required to know the s. 5(1)(a) discovery matters. This includes a clarification that the knowledge necessary to plausibly infer liability is not… Continue Reading

Ontario: lawyers should investigate claims with “real world” reasonableness

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

Ontario: Court of Appeal on s. 38(3) of the Trustee Act

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