The decision in Sukhu v. Bascombe holds that the limitation period for a claim for the unidentified motorist coverage in OPCF 44R does not run until the responding insurer refuses to satisfy a demand to indemnify. [17] In Schmitz v. Lombard… Continue Reading
Gardiner Roberts v. Canada International Distributing Inc. provides a useful overview of the operation of the time limit (which is not strictly a limitation period) in s. 3 of the Solicitors Act. In particular, it underscores the importance that an… Continue Reading
In Mega International Commercial Bank (Canada) v. Yung, the Court of Appeal held that the discovery provisions of the Limitations Act determine the commencement of the limitation period for contribution and indemnity claims. This is an excellent, sensible decision that… Continue Reading
The Court of Appeal granted the plaintiff’s appeal in Brown v. Woodstock. The motion judge had found his claims statute-barred based on jurisprudence holding that a cause of action for damages for false arrest, false imprisonment, and breach of… Continue Reading
Two aspects of the Court of Appeal decision in Abrahamovitz v. Berens are noteworthy. First, the court explains why the expiry of the limitation period is a defence that must be pleaded in enough detail to makes this a… Continue Reading
In Douglas v. Stan Fergusson Fuels Ltd., the Court of Appeal left open the possibility that s. 21 of the Limitations Act might be broad enough to include mistake as to identity rather than merely a misdescription: [112] In my view,… Continue Reading
One of the few really consequential unresolved limitations issues is whether the commencement of the limitation period for claims for contribution and indemnity commences always on the day of service of the statement of claim in the proceeding for which… Continue Reading
Since the early days of the Limitations Act, plaintiffs have ventured the not especially clever argument that by seeking only a declaration they can engage the exception in s. 16(1)(a) of the Limitations Act for a proceeding for a declaration… Continue Reading
The Court of Appeal decision in O’Brien-Glabb v. National Bank of Canada states the principle that the plaintiff bears the onus of establishing the inappropriateness of a proceeding as part of a discovery argument: [13] We agree with the appellant… Continue Reading
In the Wall Estate, the court held that the Limitations Act does not apply to a claim asserted in a beneficiary’s Notice of Objection to Accounts: [1] The discreet issue for consideration at this motion is as… Continue Reading