In a class action, the ultimate limitation period can define the class members. In Amyotrophic Lateral Sclerosis Society of Essex v. Windsor, the defendants appealed the certification of two class actions claiming that charitable lottery licensing and administration fees they… Continue Reading
Whatever impact the Ford brothers may have, who would have though that it would include limitations law? And yet here they are in MacDonald v. Ford, arguing that section 5 of the Limitations Act should inform the commencement of the time… Continue Reading
After a lengthy summer break, Under the Limit returns. Expect a flood of new posts this week and next. We begin with a pleadings decision in which substance triumphed over form. A plaintiff’s failure to deliver to a Reply to a… Continue Reading
Klein v. Stiller considers whether the plaintiff undertook sufficient due diligence to discover her slip and fall claim against a security firm. What makes this otherwise standard limitations issue noteworthy is Master Dash’s commentary on the potential implication of the… Continue Reading
In RVB Managements Ltd. V. Rocky Mountain House (Town), the Court of Appeal set out the special circumstances exception to statute-barred causes of action: [21] Under the analytical approach, the court presumes that amendments adding a new… Continue Reading
Justice Leach’s decision in Demide v. Attorney General of Canada et al. holds that the limitation period applicable to claims for contribution and indemnity is subject to discoverability. This departs from the jurisprudence, which generally considers this to be a… Continue Reading
In Conde v. Ripley et al., Justice Dunphy held that the limitation period applicable to a claim under section 2 of the Fraudulent Conveyances Act depends on whether the claim is to recover land, in which case the ten… Continue Reading
A statutory limit on when something must be done is not necessarily a limitation period or subject to the common law discoverability principle. LeCaine v. Registrar of Indian and Northern Affairs concerned an entitlement to be a member of the Wood Mountain Lakota… Continue Reading
In regards of discovering a claim for the purpose of the limitation period, a plaintiff can rely on the contents of a motor vehicle accident report prepared by the police at the scene of the accident. In Lingard v. Milne-McIsaac, the plaintiff… Continue Reading
Kong v. Saunders provides a helpful overview of the limitation periods applicable to demand loans and contingent loans under the previous Limitations Act. While the new Limitations Act recently turned two years old, it will be some time before it applies… Continue Reading