There is a statutory cause of action in the Securities Act for misrepresentation in secondary market disclosure documents, which is subject to a three year limitation period: [2] Under s. 138.3(1) of Part XXIII.1, a person or company who acquires or… Continue Reading
Chelli-Greco v. Rizk includes a solid section 5(1)(a)(iv) discovery analysis (which appear in limitations jurisprudence quite infrequently). Justice Hackland held that it did not become legally appropriate for the plaintiff to discover her claim against her dentist until their dentist-patient relationship… Continue Reading
Does the expiry of the limitation period entitle a party to move under rule 21.01(3)(d) for an order staying or dismissing an action on the basis that the action is frivolous or vexations or an abuse of process? Almost certainly… Continue Reading
The Limitations Act does not restrict the timeframe for reporting consumer debts under the Consumer Reporting Act (“CRA”). The Applicant in Grant v. Equifax sought an order requiring two consumer reporting agencies to remove debts over two years old on… Continue Reading
In Intact Insurance Company v. Lombard General Insurance, the Court of Appeal held that laches can’t defeat an otherwise timely claim. The court reviewed the legislative history of the Limitations Act and concluded that the removal of the laches-saving provision… Continue Reading
In Canadian Imperial Bank of Commerce v. Green, the Supreme Court rejected a basic principle of limitations law: the plaintiff must always be in control of when it commences a proceeding. This appeal concerned the interaction of the limitation period in… Continue Reading
Subrogation is the right of a party that has indemnified another to stand in its shoes, to exercise any rights that the indemnified party had against third parties in order to reduce the loss that the indemnifying party has sustained.… Continue Reading
In March, I wrote approvingly of Justice Stinson’s discovery analysis in Brown v. Wahl. The Court of Appeal recently upheld the decision. The Court of Appeal’s decision is noteworthy for two reasons. First, the Court rejected the appellant’s argument that… Continue Reading
For the insurance bar, two points are worth noting in Justice Faieta’s decision in Buurman v. The Dominion of Canada General Insurance Company. First, the limitation periods in section 5.9.3 of OAP 1, section 8(3) of the Schedule to Ontario Regulation 676,… Continue Reading
You can’t amend a claim to assert a new cause of action if the cause of action is statute-barred. The question is, when’s an amendment a new cause of action? In Beauchamp v. Gervais, Justice Dunphy sets out the following test:… Continue Reading