Ontario: Remember, the Trustee Act doesn’t supersede the Limitations Act

The Plaintiffs in Kakinoki et al. v. Islam et al. sought leave to add a defendant notwithstanding the expiry of the presumptive limitation period.  They submitted that the limitation period in section 38(3) of the Trustee Act excludes the application of the section 4… Continue Reading

Ontario: s. 9(1) of the Municipal Conflict of Interest Act is not a limitation period, sort of

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

Ontario: limitation period applies to adding third party defendants to a main claim

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

Ontario: discovery applies to the limitation period for crossclaims

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