Limitations issues have a way of encouraging creative but hopeless arguments. Take for example Richards v. Sun Life Assurance Company of Canada. The plaintiff argued that the first clear and unequivocal denial of his benefits claim was contained in the… Continue Reading
In Fanshaw College v. AU Optronics, Justice Grace held that the limitation period applicable to Competition Act claims is subject to discoverability. We wrote about it here. The Court of Appeal has upheld this decision. The appellant argued that the discoverability principle shouldn’t… Continue Reading
A limitations practice tip—when amending a pleading to add a new claim, it’s the filing of the motion record that stops time running, not service of the motion record. Master Albert recently made this point in Becerra v. Ronchin:… Continue Reading
Justice DiTomaso’s decision in Taylor-Reid v. Taylor is another that cites Leibel for the principle that will challenges are subject to the basic limitation period. The issue is gradually becoming settled. These are the relevant paragraphs: [106] Even if Andrea… Continue Reading
Justice McKinnon’s decision in Osman v. Heath sets out nicely the principles of adverse possession. Perhaps surprisingly to those who don’t practice in the area, these are limitations principles determined by the Real Property Limitations Act. Here are the relevant… Continue Reading
A defendant moves for summary judgment on the basis of an expired limitation period. The motion judge dismisses the motion. What impact does the dismissal have on the defendant’s limitations defence? The answer, according to the Court of Appeal in… Continue Reading
Edit, September 2016: Having just drafted a factum for a motion to add a defendant after the expiry of the presumptive limitation period, I realise some qualifications are necessary to this post. First, Klein is problematic because it’s without a discussion of evidence filed by the defendant setting out steps… Continue Reading
In Usanovic v. La Capitale Life Insurance Company, the plaintiff argued that the defendant insurer owed him a duty of good faith that included an obligation to provide him with notice of the limitation period. Justice Broad rejected this argument… Continue Reading
The Court of Appeal’s decision in Foley v. St. Marys (Town) is one of the few cases that involve the limitation period in section 273(5) of the Municipal Act: [28] To summarize, a party may commence proceedings to quash a bylaw… Continue Reading
Galota v. Festival Hall Developments Limited is a noteworthy, well-reasoned limitations decision from the Court of Appeal holding that in the circumstances, it was reasonable for the plaintiff to have taken no steps to discover her claim for about five… Continue Reading