In Sirois v. Weston, the Court of Appeal cites its decision in Hamilton for the principle that damage occurs when the plaintiff suffers a change in a position, not when the change of position monetises into a specific amount: [11] …… Continue Reading
Master Muir provides a helpful summary of amendment principles in Concord Adex Inc. v. 20/20 Management Limited: [20] The law in relation to motions seeking leave to amend a pleading is well settled and was not seriously in dispute… Continue Reading
In Frederick v. Van Dusen, the Divisional Court reminds us that the court (in this case, a deputy judge of the Small Claims Court) need not make explicit findings with respect to the discovery matters: [12] Subsection 5(1)… Continue Reading
In Thomson v. Durham (Police Services Board), the Court of Appeal held that a claim arising from damage to property specified in an order of disposition under s. 490(9) of the Criminal Code is not a claim to enforce a… Continue Reading
One of the few remaining unresolved limitation issues of real consequence is whether s. 18 is a deeming provision (it’s not) or merely alters the s. 5(2) presumption (it does). Justice Charney’s decision in Gendron v. Thompson Fuels contains one… Continue Reading
Justice Di Luca’s decision in Ryu Electric v. Sam Bung Hong contains a helpful discussion of the limitation implications of payments on a running account and payments for a particular invoice: [48] Intaglio Design argues that since the action was… Continue Reading
Justice Emery’s decision in Inzola Main Street Inc. v. Brampton (City of) is a statement of a very often overlooked but fundamental principle of the Ontario limitations scheme: there is no claim, and therefore no applicable limitation period, until the… Continue Reading
Kaynes v. BP, P.L.C. considers the application of the limitation periods set out in s. 138.14 of Part XXIII.1 of the Ontario Securities Act. As Justice Perell described it, the case is “the latest sequel or prequel in what has… Continue Reading
Justice Kurke’s decision in Trudeau v. Cavanagh has a helpful summary the principles of the presumption of prejudice arising from an expired limitation period: [24] A presumption of prejudice arises if the amendment is sought after the expiration… Continue Reading
Justice Lofchik’s decision in Habberfield v. Sciamonte et al. has a good summary of limitation principles under Part V of the Succession Law Reform Act: [19] The Applicant proposes that the application (for support), if permitted, would proceed under Part… Continue Reading