The decision in Leon v. Volkswagen stands for the principle, potentially useful in jurisdictional disputes, that a foreign jurisdiction may be more appropriate than Ontario even if the proceding would be time-barred in the foeign jurisdiction: [50] Indeed, Canadian… Continue Reading
The Court of Appeal decision in Hunsinger v. Carter contains a statement of the principles of establishing an easement by prescription (which, as I like to point out, is a limitation issue): (1) Establishment of an easement by… Continue Reading
Can a party obtain a r. 12.08 representation order after the expiry of the limitation period? No, held the Court of Appeal in United Food and Commercial Workers Canada, Local 175, Region 6 v. Quality Meat Packers Holdings Limited. If… Continue Reading
Update: the Court of Appeal upheld the decision. The relevant paragraphs are 27-28. Nelson v. Lavoie is a recent example of a s. 5(1)(a)(iv) appropriateness analysis in a claim against a financial planner. The plaintiff alleged that the defendant planner… Continue Reading
The Court of Appeal’s decision in Filice v. Complex Services Inc. is a reminder of certain commonsense, probably generally self-evident principles about the timing of limitations defences. Raise a limitations defence in response to an amendment motion (if there is… Continue Reading
In Newman Bros. v. Universal Resource Recovery Inc., the defendant ventured a dubious limitations defence based on the argument that a plaintiff who delivers multiple invoices has to commence a separate action in regards of those invoices. The court rejected… Continue Reading
Karlovic v. Karlovic has a useful discussion of the impact of delay in bringing an application for spousal support: Delay in Bringing an Application for Support [56] It has been oft repeated that there is no… Continue Reading
In Canada v. Milne, the Federal Court of Appeal held that no limitation period applies to an action under s. 31(1)(a)(i) of the Expropriation Act: [3] The central issue before the motion judge was the proper interpretation of subparagraph 31(1)(a)(i) of the Expropriation… Continue Reading
The Superior Court decision in Tsui-Wong v. Xiao contains a good summary of the principles of laches and acquiescence: The Test for the Doctrine of Laches [222] I adopt the comments of Penny, J. in Indcondo v. Sloan, 2014 ONSC 4018 (CanLII), 121 O.R. (3d)… Continue Reading
Lofranco v. Azevedo considers the limitation period applicable to claims arising from solicitor’s undertakings. The plaintiff’s new personal injury lawyer undertook to protect the former lawyer’s reasonable account. The limitation period for the claim to remedy the breach of the… Continue Reading