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
The Court of Appeal decision in Blake v. Dominion of Canada General Insurance Company provides some useful obiter on the limitation of statutory accident benefit claims. The submission of a new application for benefits by a claimant following a clear… Continue Reading
In February, I cautioned against taking the bench’s familiarity with the Limitation Act, 2002 for granted. For I some, I suggested, it remains a novelty. The Court of Appeal’s decision in Thompson v. Sun Life Assurance Company of Canada should… Continue Reading
A corporate revival will not extend a limitation period that expired while the corporation was dissolved. In 65519 Ontario Limited v. Sacks, the plaintiff corporation commenced an action after its corporate charter was revoked. This rendered its claim a nullity.… Continue Reading
Justice Stinson’s Endorsement in Brown v. Wahl is a succinct and well-reasoned example of a discovery analysis in a medical malpractice claim where the injury is obvious and the issue is when the plaintiff ought to have inferred a potential… Continue Reading
From Justice Newbould comes Solar Harvest Company v. Dominion Citrus Limited, a decision on the commencement of the limitation period for the oppression remedy. This is not an especially developed area of limitations jurisprudence, and it’s of interest that Justice… Continue Reading
In Bossio v. Nutok Corporation, Justice Kershman held that a document referred to as an “undertaking” can still be a demand obligation for the purposes of section 5(3) of the Limitations Act, 2002: [224] While the demand in the case… Continue Reading
Nearly two months into 2015, there’s only a trickle of new limitations jurisprudence, and so today we offer a practice tip. As Under The Limit Readers know, 2014 marked ten years since the Limitations Act, 2002 came into force. You’d… Continue Reading
Valentina Vasilescu Tarko et al. v. Metropolitan Toronto Condominium Corporation 626 (MTC 626) et al. holds that a special assessment levied on a condo owner is not a demand obligation within the meaning of section 5(3) of the Limitations Act,… Continue Reading