In Armitage v. The Salvation Army, Justice Ray held (incorrectly) that the limitation period for claiming compensation as a property attorney commences on the death of the person who granted the power of attorney. [10] The principal issue is the limitation… Continue Reading
In Fennell v. Deol, the Court of Appeal clarified the role due diligence plays in the discovery analysis. It’s a fact that informs the analysis, but not a separate and independent reason for dismissing a plaintiff’s claim as statute-barred. Fennell… Continue Reading
Bill 132, which abolishes the limitation period for sexual assault, received royal assent on March 8. These are the amendments it made to the Limitations Act: SCHEDULE 2 LIMITATIONS ACT, 2002 Subsection 7 (4) [incapable persons] of the Limitations Act, 2002 is… Continue Reading
Hawthorne v. Markham Stouffville Hospital is a reminder from the Court of Appeal that a successful discovery argument requires both evidence and an explanation of the evidence’s connection to discovery of the claim. It seems that filing documents and saying nothing about… Continue Reading
Does the Limitations Act render the notice provision in section 44(10) of the Municipal Act of no force and effect? Nope. Section 44(10) is a notice provision, notice provisions are not limitation periods, and therefore it’s not subject to the… Continue Reading
When does the limitation period commence in the context of a continuing breach of contract? Afresh each day a new cause of action accrues, so held the Court of Appeal in Pickering Square Inc. v. Trillium College Inc. Trillium and… Continue Reading
That the courts discourage officers of the courts from immediately commencing litigation is a proper factor in a limitations analysis. In Salewski Inc. v. BDO Canada Ltd., the defendant moved for summary judgment on a limitations defence. The defendant was retained… Continue Reading
In Clarke v. Faust, the Court of Appeal has held that the section 5(1)(a)(iv) discovery criterion requires the claimant to have “good reason to believe he or she has a legal claim for damages”. Clarke is a solicitor’s negligence action. … Continue Reading
In Bowen v Rengro Ltd., Master Dash provides a useful, and likely to be frequently quoted, description of the due diligence plaintiffs must establish when seeking to add a party to an action after the expiry of the presumptive limitation… Continue Reading
In Howell v Jatheeskumar, Justice LeMay provides a helpful summary of the possible outcomes of an opposed motion to add a party to an action after the expiry of the presumptive limitation period: [35] When these cases are read together, it becomes clear… Continue Reading