In Lima v. Moya and Mata v. Moya, Master Haberman provides a detailed discussion of a plaintiff’s obligations under the Limitations Act, 2002 to investigate potential parties prior to the expiry of the limitation period. The relevant paragraphs are below.… Continue Reading
In Zhu v. Matadar, Justice Perell provides a succinct and helpful description of how sections 5(1) and (2) of the Limitations Act, 2002 operate: [6] Not surprisingly, in bringing a summary judgment motion, a defendant advancing… Continue Reading
AIG Insurance Co. v. Canjam Trading Ltd is of interest because it relies on the practically ancient (at least in terms of limitations jurisprudence) decision in Consumers Glass Co. v. Foundation Co. of Canada Ltd (1985) for the principle that… Continue Reading
During a recent talk, I observed that ten years after the Limitations Act, 2002 came into force, the many and various former limitation periods are now just half-remembered curiosities. Maybe so, but Farmers Oil v. Her Majesty the Queen et al.… Continue Reading
This post is a paper I wrote for LawPro on the year’s limitations jurisprudence. It may be of interest to Under the Limit readers; if you’d like a PDF version , just ask. The limitations jurisprudence of 2014 in review… Continue Reading
Update: The Supreme Court refused leave to appeal from the Court of Appeal’s judgment. The Court of Appeal’s decision in Zabanah v. Capital Direct Lending brings certainty to the application of the Real Property Limitations Act (and its plaintiff-friendly limitation… Continue Reading
Section 22(5) of the Limitations Act, 2002 permits contracting out of the statutory limitation period unless one of the parties to the contract is an individual. The word “parties” in this section does not have only its literal meaning. The… Continue Reading
The Court of Appeal’s decision in W.P. v. Alberta is a reminder of the finality of Alberta’s ultimate limitation period. It runs from of date of injury even when the claimant is unaware of the injury or incapable of discovering… Continue Reading
Readers of Under the Limit rejoice! There is now an answer to the question that worried us so while driving the 407: what limitation period applies to the collection of unpaid 407 tolls? Not only did the Court answer this… Continue Reading
Generally, the discovery rule won’t extend a limitation period tolled by a fixed event like death; for these limitation periods there is, in the words of the Ontario Court of Appeal, “no temporal elasticity” (See Waschkowski v. Hopkinson Estate at… Continue Reading