The Court of Appeal in 1100997 Ontario Limited v. North Elgin Centre Inc. sets out the test for amending a pleading to add a new claim outside a limitation period (making our last post rather unnecessary). The court will refuse an amendment when… Continue Reading
Justice Nordheimer’s decision in Farmers Oil and Gas Inc. v. Ontario (Natural Resources) has a useful overview of the jurisprudence of amending a pleading to add a new cause of action after the expiry of the limitation period. It will… Continue Reading
Mea Culpa! Given my take-away from this decision below, I clearly read it too quickly. It is actually one of the more remarkably wrong limitations decisions from the past several years, not least because it holds that any personal injury claim involving a… Continue Reading
In Bonilla v. Preszler, the appellant argued that the respondent’s termination notice for her Income Replacement Benefits was not clear and unequivocal and that the applicable limitation period was “rolling”. This was a futile position and the Court of… Continue Reading
In Singh v. Trump, Justice Perell dismissed a plaintiff’s claim as time-barred despite the defendants not pleading the Limitations Act, seeking leave to amend to plead it, or raising it in their written submissions. His reasons neither refer to the… Continue Reading
In Weigand v. Mohammed, Justice George considered whether to extend the limitation period in s. 61(1) of the Succession Law Reform Act. His decision sets out the statutory framework: [2] If permitted, the application would be… Continue Reading
Two recent decisions contain limitations analyses sufficiently flawed for me to ask that you indulge my pedantry. This lesson is titled A bad limitations analysis makes everyone lose. In Lawyers’ Professional Indemnity Company v. Lloyd’s Underwriters, the analysis begins with a… Continue Reading
This post marks the return of non-Ontario jurisprudence to Under the Limit. Our goal of reviewing appellate jurisprudence from all common law provinces proved overly ambitious for one person. So, I enlisted the assistance of my talented colleague Tyler Wentzell, and with his help we’re going… Continue Reading
The Court of Appeal allowed the 407’s appeal of Justice Edward’s decision in 407 ETR Concession Company Limited v. Day. Apart from settling the great question of how the passage of time limits 407’s claims for unpaid tolls, Justice Laskin’s… Continue Reading
Justice Doyle’s decision in Campbell v. Nicol contains a helpful summary of the limitation of claims for the imposition of a constructive trust on real property: [71] With respect to equitable claims, the Ontario Court of Appeal… Continue Reading