Here we have yet another example of the principle that relying on technicalities will rarely carry the day. In Daly Square Inc. v. 1786097 Ontario Inc., the plaintiff moved for summary judgment dismissing a counterclaim as statute-barred. The plaintiff had… Continue Reading
In Taylor v. Workplace Safety & Insurance Board, the Court of Appeal emphasised that only in rare cases will the court hear a motion to dismiss an action as statute-barred prior to the delivery of a defence: [22] Thus, it… Continue Reading
The Court of Appeal’s decision in Iaboni Estate v. Iaboni stands for the principle that a claim pursued in a notice of objection filed in an application to pass account is subject to the Limitations Act and capable of being time-barred.… Continue Reading
This is a post purely to indulge my pedantry. In Reece v. Toronto (Police Services Board), the Court of Appeal said this about discovery: [5] The motion judge correctly found that discoverability for the purpose of limitations is based… Continue Reading
Scenario: A plaintiff pursues a claim by statement of claim issued within the limitation period, fails to serve the statement of claim within the time prescribed by the rules, the court refuses leave for late service, and if the plaintiff… Continue Reading
Carpenter v. Doull-MacDonald well summarises the principles of prescriptive easements, which you may be surprised to learn is a limitations issue. Section 31 and 32 of the Real Property Limitations Act govern the establishment of prescriptive easements: [40] … Continue Reading
The Superior Court decision in Mancinelli v. Royal Bank of Canada contains a good summary of the principles for adding a party to a proceeding after the presumptive expiry of the limitation period, and particularly in the context of a conspiracy claim. … Continue Reading
Nicholson v. McDougall is a reminder that the omission of a s. 5 analysis isn’t necessarily a ground for appeal: [31] There is no reference to s. 5 at all, or any of its detailed requirements, in the… Continue Reading
In Amir-Afzal v. ICC, the applicant sought an order under s. 253 of the Canada Not-For-Profit Corporation Act declaring a by-law of the Immigration Consultants of Canada Regulatory Counsel (“ICC”) oppressive. The ICC raised a limitations defence. The applicant argued… Continue Reading
The decision in Hengeveld v. Ontario (Transportation) contains a rare consideration of the Limitation Act’s s. 7 capacity provision. The issue was whether to add a defendant after the presumptive expiry of the limitation period, which meant it was unnecessary… Continue Reading