Wilkinson v. The Estate of Linda Robinson is a reminder that the Trustee Act does not supersede the RPLA. An estate’s claim for the recovery of an interest in real property is subject to the RPLA, not the Trustee Act:… Continue Reading
The decision in Tall Ships Landing Devt. Inc. v. City of Brockville is a rare example of an appeal to the court from an arbitrator’s limitations decision pursuant to ss. 45(2) and 46(1) of the Arbitation Act, 1991. The arbitrator… Continue Reading
The decision in Kaynes v. BP, PLC is a rare example of a limitation defence appropriately determined on a r. 21(1)(a) motion: [68] In my opinion, as explained below, there are no material facts that could be pleaded or any discoverability… Continue Reading
Here’s an interesting question: can you add a defendant to a proceeding with leave to plead a limitations defence and then move to correct the misnaming of that defendant as a John Doe (and avoid the limitations defence)? Yes, held the court… Continue Reading
The decision in Tschirhart v. Grand River Hospital is a good example of a misnomer analysis in regards if a John Doe doctor . It’s worth noting that the court rejected the doctor’s argument that the Statement of Claim couldn’t satisfy… Continue Reading
Dimech v. Osman contains a useful summary of the limitation of claims for non-pecuniary losses arising from a motor vehicle accident: [14] Under s. 4(1) of the Limitations Act, 2002 a person loses the right to sue for a claim two years after… Continue Reading
The defendant in Anisman v. Drabinsky argued that the plaintiff could not argue discovery in response to a limitations defence because he hadn’t served a Reply pleading the material facts of discovery. The court rejected this (very optimistic argument) argument:… Continue Reading
The decision in Zacharias Estate v. Giannopoulos is an example of futile equitable arguments made to avoid the application of the Trustee Act limitation period. The plaintiff estate commenced a proceeding to recover money from the defendant more than two… Continue Reading
In Piekut v. Romoli, the Court of Appeal held that no limitation period applies to an application for a declaration on the validity of a codicil. The motion judge held that such an application is a proceeding for a declaration… Continue Reading
The Court of Appeal’s decision in Clarke v. Sun Life Assurance Company of Canada is another addition to the jurisprudence considering when time runs for a benefits denial claim. It delineates the extent to which a denial must be unequivocal… Continue Reading