In Piekut v. Romoli, the applicant sought a declaration as to whether codicils were valid. The respondent moved to dismiss the application as statute-barred. The court denied the motion on the basis that no limitation period applied pursuant to… Continue Reading
The decision in Beniuk v. Leamington (Municipality) affirms an esoteric aspect of real property limitations (though to be fair, most aspects of the RPLA are esoteric). It affirms that the presence of a messuage doesn’t necessarily engage the RPLA. The… Continue Reading
The Court of Appeal’s decision in Clark v. Ontario (Attorney General) is another emphatic instruction not to bring motions for judgment on a limitations defence under r. 21: [40] The second problem is that the Attorney General seeks to use a r.… Continue Reading
The Divisional Court decision in Western Life Assurance Company v. Penttila demonstrates that if an insurer intends for a denial to commence a limitation period for a coverage proceeding, that denial needs to be as explicit as explicit can be.… Continue Reading
Lo Faso and Ferracuti contains the following statement on the substantive nature of limitation periods: [17] The defendants argue that the prejudice caused by the expiry of the limitation period makes the amendments untenable. The Supreme Court of Canada… Continue Reading
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
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
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
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
The Divisional Court’s decision in Barrs v. Trapeze Capital Corp. is a reminder that when the court denies a summary judgment motion on a limitations defence, the order isn’t determinative of the limitations defence absent explicit language to that… Continue Reading