The decision in Kram v. Oestreicher is an example of a circumstance where a proceeding did not become an appropriate remedy while a doctor was attempting to remedy his error: [125] In my view, the circumstances here are analogous to… Continue Reading
Hamilton and Son Roofing Inc. v. Markham (City) provides an example of a partial payment operating to restart the limitation period for a debt: [51] In any event, the Notice of Action was not issued until June 14,… Continue Reading
Marvelous Mario’s Inc. et al. v. St. Paul Fire And Marine Insurance Co. provides authority for the principle that an amendment to plead discoverability is available at any time: [52] The plaintiffs’ pleading is silent as to discoverability.… Continue Reading
In Gravelle (CodePro Manufacturing) v. Denis Grigoras Law Office, the Court of Appeal held that a party who writes a letter with the subject line “Notice of Pending Legal Malpractice Action”, and advises that “a statement of claim is… Continue Reading
Is commencing a proceeding in respect of a claim determinative of the discovery of that claim? Not always, according to the Court of Appeal in Har Jo Management Services Canada Ltd. V. York (Regional Municipality). Flood waters flowing from… Continue Reading
In Lucky Star Developments Inc. v. ABSA Canada International, the Court of Appeal rejected the doubtful argument that because the basic limitation period applies to the commencement of proceedings, it does not apply to proceedings that have already been commenced,… Continue Reading
The Court of Appeal upheld the decision in Kaynes v. BP, P.L.C., which I wrote about here, holding that the limitation period in s. 138.14 of the Securities Act is event-based, and doesn’t commence until a public correction of a… Continue Reading
In Hilson v. 1336365 Alberta Ltd., the court determined, for the first time, the limitation period for a stand-alone mortgage guarantee agreement. A stand-alone guarantee that affects or relates to an interest in land, and includes covenants to pay money… Continue Reading
Cornacchia v. Rubinoff illustrates the difficulties of moving for summary judgment on limitations defences in simplified procedure actions. This is because there are no cross-examinations on affidavits under simplified procedure. The court denied the motion on the basis that the… Continue Reading
In David v. Easte Side Mario’s Barrie, the Court of Appeal quotes from The Law of Civil Procedure in Ontario for the principle that an alternative claim for relief arising out of the same facts is not a new cause… Continue Reading