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
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
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
In Sinclair v. Harris, the plaintiff argued that no limitation period applies to claims for breach of a resulting trust relating to real property. The court rejected this argument and found that the ten-year limitation period in s. 4 the… Continue Reading
The decision in Loy-English v. Fournier requires some gentle criticism for its description of the limitations scheme: [40] Before turning to the evidence, I will just mention that counsel for the intervenor provided me with a useful review… Continue Reading
The decision in Service Mold + Aerospace Inc. v. Khalaf is another good example of the court’s assessment of a plaintiff’s abilities and circumstances for a limitations analysis. The fact that the plaintiff had no background or education in… Continue Reading
In Tomec v. Economical Mutual Insurance Company, the Divisional Court held that the limitation period in s. 51 of the Statutory Accident Benefits Schedule is not subject to common law discovery or the discovery provisions in s. 5 of the… Continue Reading
Lewis v. Plaskos is noteworthy for its findings regarding the plaintiff’s abilities and circumstances for the purposes of a discovery analysis. The court doesn’t often make these findings explicitly (though it should). The court found that plaintiff had the abilities… Continue Reading
Justice Strathy’s decision in Apotex Inc. v. Nordion (Canada) Inc. is one of the most important limitations decisions from the Court of Appeal since the Limitations Act came into force. It’s the first decision to make explicit that the Limitations… Continue Reading
In Lee v. Ponte, the Court of Appeal held that death does not trigger the application s. 7 of the Limitations Act. Section 7 suspends the limitation period when the claimant “is incapable of commencing a proceeding in respect of… Continue Reading