Section 5(1) of the Libel and Slander Act provides the notice requirement for an action in libel in a newspaper: No action for libel in a newspaper or in a broadcast lies unless the plaintiff has, within six weeks after the alleged… Continue Reading
In Velgakis v. Servinis, the Court of Appeal conveniently reduced the s. 5(1)(a)(iv) discovery principles in Presidential to two points: [6] In Presidential MSH, at paras. 17-20, this court clarified certain principles governing cases such as the one before us on… Continue Reading
In Salewski v. Lalonde, the Court of Appeal casts doubt on whether there is any circumstance where r. 21.01(1)(a) is appropriate for determining a limitations issue except where pleadings have closed and the facts are undisputed: [45] However, the basic… Continue Reading
After a prolonged summer break, Under the Limit returns! In Waterstone Properties v. Caledon (Town), the Court of Appeal reminds us that s. 4 of the Real Property Limitations Act applies to any court proceeding to obtain land by court judgment: [32] The… Continue Reading
The decision in Rawsthorne v. Marotta confirms that s. 31 of the Public Hospitals Act is not subject to the common law principle of discovery: [30] The case law is clear that the s. 31 limitation period is… Continue Reading
We overlooked this 2016 Court of Appeal decision in Arcari v. Dawson that considers adding a party to a proceeding after the presumptive expiry of the limitation period. The Court described the relevant principles: [10] When a plaintiff’s motion to add… Continue Reading
In Bank of Nova Scotia Trust Company v. Iaboni, Justice Mullins held that claims asserted in a Notice of Objection filed in an application to pass account are statute-barred: [32] The objections of Mr. C. Iaboni that… Continue Reading
In Parmar v. Teachers Life, Justice Faieta held that the limitation period in Teachers Life’s “Educators Income Protection Plan and Policy” doesn’t apply to a claim for denial of coverage under the policy. Instead, the Limitation Act‘s basic two-year limitation applies:… Continue Reading
Lundy v. Lundy is the most recent decision to consider the extension of the limitation period under the Family Law Act. Relatively few decisions consider this issue, and for that reason I bring it to your attention.
Presidential MSH Corporation v. Marr Foster & Co. LLP is another excellent decision from the Court of Appeal applying s. 5(1)(a)(iv) of the Limitations Act. Where the plaintiff relies on an alternative process that would substantially eliminate its loss so… Continue Reading