In Usanovic v. Penncorp Life Insurance Company (La Capitale Financial Security Insurance Company), Court of Appeal has confirmed that an insurer’s duty of good faith does not require it to give notice of the limitation period to its insured. While the… Continue Reading
In Edan Agency Inc. v. Palinkas, the Court of Appeal held that limitation periods do not “generally” run against possessory liens. This is because such a lien is a defence, and defences are not subject to statutory limitation periods. This… Continue Reading
The Court of Appeal has held that when one joint tortfeasor has died and the other makes a crossclaim for indemnity against her estate, s. 38(3) of the Trustee Act limits the claim, not the Limitations Act’s s. 18 contribution… Continue Reading
In Shaw v. Barber, Justice McNamara held that the appointment of the Office of the Public Guardian and Trustee as guardian of property doesn’t cause a limitation period to commence: [13] […] Where [the parties] disagree completely is when… Continue Reading
In Weinbaum v. Weidberg, the Divisional Court held that s. 18 of the Limitations Act, which prescribes the limitation of claims for contribution and indemnity, does not apply to contractual limitation periods. It remains available to contracting parties to limit… Continue Reading
The Court of Appeal has held that a claim for the return of deposits advanced toward the purchase of a condo unit is subject to the ten year limitation period in s. 4 of the Real Property Limitations Act. Justice Epstein’s… Continue Reading
In 2373322 Ontario Inc. v. Nolis, Justice Broad held that a claim by a landlord against a tenant for failure to pay common area maintenance charges under a commercial lease is subject to the six year limitation period in s.… Continue Reading
In Victory v. Sattar, the court held that a formal agreement is unnecessary to engage s. 11 of the Limitations Act. Agreement is inferable from the parties’ conduct. Section 11 provides that if a claimant and the party against whom the… Continue Reading
In McFlow Capital Corp. v. James, the parties disagreed on whether the Limitations Act applies to oppression claims brought under the Condominium Act and the Ontario Business Corporations Act. The Court declined to resolve the issue. I agree with the plaintiff, who… Continue Reading
In Independence Plaza 1 Associates, L.L.C. v. Figlioni, the Court of Appeal held that the basic two-year limitation period applies to a claim on a foreign judgment in Ontario, and begins to run, at the earliest, when the time to… Continue Reading