The Court of Appeal has confirmed that a third party cannot rely on a limitation defence unless the defendant to the main action has properly pleaded it. A limitations defence is only available to the party against whom the plaintiff is… Continue Reading
Does a lawyer’s letter stating that his clients intend sue the recipient commence the applicable limitation period? Not necessarily. In Naipaul v. State Farm Mutual Insurance Company, the plaintiffs had a motor vehicle accident in which one of the drivers was uninsured. The… Continue Reading
It’s an abuse of process to file a statement of claim to toll a limitation period where there’s no intention to proceed with the claim. In BCE Inc. v. Gillis, the same firm filed nine virtually identical national class actions brought… Continue Reading
In Tucker v. Unknown Person, the Court of Appeal held that in a claim for breach of indemnity pursuant to an insurance contract, the limitation period begins on the date of the insured’s loss of the right to be indemnified.… Continue Reading
An admission of liability on a cross-examination is not a waiver of the limitation period that applies to the claim. In Cross Bridges Inc. v. Z-Teca Foods Inc., the plaintiff moved for summary judgment for a declaration that it brought… Continue Reading
In Farhat v. Monteanu, Justice Perell provides a typically thorough analysis of the interaction between the Insurance Act‘s section 267.5 threshold provisions and the limitation period. The plaintiff sued for damages for his non-pecuniary injuries from a motor vehicle accident.… Continue Reading
In Fanshaw College v. AU Optronics, Justice Grace held that the limitation period applicable to Competition Act claims is subject to discoverability. The opportunity for a successful limitation defence in a competition class action is now much diminished. An appeal… Continue Reading
In Maurice v. Alles et al., Justice Patillo provides a helpful summary of the principles governing the commencement of the limitation period in an oppression claim. It commences on the date the oppression first arises; the fact that the oppression… Continue Reading
Today we consider why section 5(1)(a)(iv) of the Limitations Act features so infrequently in limitations analyses, and by extension, a trend in the jurisprudence toward analyses based on the common law principle of discoverability rather than the Limitations Act. Section… Continue Reading
In Coady v. Quadrangle Holdings Ltd., the Nova Scotia Court of Appeal held that a final decision on a limitations issue is not res judicata of the same issue in another jurisdiction. An order dismissing a cause of action as… Continue Reading