Master Muir’s decision in Martin v. Doe is worth reviewing for its summary of the principles of misnomer: [26] The plaintiff also relies on the doctrine of misnomer in support of the relief she is seeking on this motion. [27] … Continue Reading
In Lawrence v. International Brotherhood of Electrical Workers (IBEW) Local 773, the Court of Appeal states that a request for a representation order to sue a trade union under r. 12.08 can be a request to correct a misnomer. There… Continue Reading
It sometimes happens that I miss notable decisions. And so, better late than never, I draw Crombie Property Holdings Limited v. McColl-Frontenac Inc. to your attention. These are the noteworthy aspects of the Court of Appeal decision: 1. It recaps… Continue Reading
Bhatt v. Doe has a good analysis of adding a defendant to proceeding after the presumptive expiry of the limitation period. If you want to cite a recent decision, this is a good option. In the spirit of pedantry I… Continue Reading
What happens if the limitation period expires on a Sunday? The decision in Golberg v. North East Community Care Access Centre reminds us that it’s extended until Monday: [12] Bayshore first argues that the Plaintiff’s claims fall outside… Continue Reading
In Winmill v. Woodstock (Police Services Board), the Court of Appeal considered the appropriateness of a proceeding as a remedy to battery. The decision is generally noteworthy for the quality of its s. 5(1)(a)(iv) analysis, but also of its application… Continue Reading
The Court of Appeal decision in Aubrey Dan Family Trust v. Ontario (Finance) considers whether a income tax limitation waiver form T2029 is a prescribed form under the federal Income Tax Act: [3] On its motion, the appellant asserted… Continue Reading
Obtaining a motor vehcile accident report is not in all circumstances sufficient due diligence in identifying a potential defendant. In Harold v. Quigley, Justice Broad held that there was no evidence to suggest that the police officer who completed… Continue Reading
In Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc., the Court of Appeal held that in a wrongful dismissal action, the cause of action for wrongful dismissal arises on the date of the termination notice: [5] The appellant submits that… Continue Reading
In Collins Barrow Toronto LLP v. August Industries Inc., the Court of Appeal has held that the limitation period for a claim arising from an unpaid invoice does not run until a reasonable period of time has expired for payment… Continue Reading