Freire v. Freire refuses a motion to extend the limitation period in s. 7(3) of the Family Law Act for bringing an application for equalization of net family property. It appears a well-reasoned decision, though I confess to having not read… Continue Reading
The Divisional Court has confirmed that the entitlement to an order granting leave nunc pro tunc to commence a derivative action under s. 26 of the Business Corporations Act requires bringing the leave motion within the limitation period. In 1186708… Continue Reading
Ernewein v. Honda Canada includes the following statement on the limitation of claims for unpaid overtime pursuant to the Employment Standards Act: Where a claim for unpaid overtime is based upon the overtime provisions of the Employment Standards Act, the… Continue Reading
The Court of Appeal’s endorsement in Kolosov v. Lowe’s Companies Inc. reads as if it were delivered 15 years ago when the former Limitations Act was still in force. The Court of Appeal states the following about the law of… Continue Reading
Update: The Supreme Court denied leave to appeal. In Dale v. Frank, the Court of Appeal reiterated that discovery of a claim doesn’t require knowledge that the defendant’s act or omission was culpable. To require a plaintiff to know with certainty… Continue Reading
The Court of Appeal recently held in Fennell and Galota that the plaintiff’s due diligence is only factor in the discovery analysis. This introduced some uncertainty into the test for determining whether to add a defendant after the presumptive expiry… Continue Reading
Can you bring a r. 21 motion to strike a claim as statute-barred before delivering a statement of defence? Yes, the Divisional Court confirmed in Amrane v. York University, but only where it is plain and obvious that the plaintiff… Continue Reading
In April, I reported that in Armitage v. The Salvation Army, Justice Ray held wrongly that the limitation period for claiming compensation as a property attorney commences on the death of the person who granted the power of attorney. I… Continue Reading
Conners v. Ontario considers compliance with the notice requirement of the Proceedings Against the Crown Act. The plaintiff was assaulted by another inmate while incarcerated at a facility operated by Ontario. On the date of the incident, the corrections officer… Continue Reading
An appeal from a final order made under the Business Corporations Act is to the Divisional Court even where the order dismisses the proceeding as statute-barred. In 1186708 Ontario Inc. v. Gerstein, the plaintiffs brought a motion under s. 246… Continue Reading