Time begins to run for the mediation of a denied accident benefit claim from the date of the denial. A party can’t stop the commencement of the limitation period by sneakily (or inadvertently) omitting certain documents from the accident benefits… Continue Reading
The Court of Appeal decision in Collins v. Cortez is a reminder that plaintiffs may respond to a limitations defence by delivering a reply. Plaintiffs needn’t plead facts supporting a discovery argument in the Statement of Claim in anticipation of… Continue Reading
Economical Mutual Insurance Company v. Zurich Insurance Company has brought certainty to the limitation of loss transfer claims between insurers. In a loss transfer claim, each Request for Indemnification is an independent cause of action with its own limitation period.… Continue Reading
Section 5 of the Limitations Act suspends the operation of limitation periods during the time that a claimant is a “person under disability”. In Knibb v. The Carstairs Battle Cats, the Court of Appeal confirmed that “person under disability” includes… Continue Reading
The Court of Appeal has held that a claim brought in 2009 to review legal accounts from the late 1980s is barred by the expiry of the limitation period. That’s not surprising. What is noteworthy about the decision in Samson… Continue Reading
Slovenians may discover claims against each other more slowly than claims against people of other nationalities. In Miletic v. Jaksic, Justice Price inferred from the “power-distance index” that the Slovenian national culture created a relationship of dependency between two Slovenians… Continue Reading
The Superior Court has ruled on the application of the Limitations Act, 2002 to will challenges. The general two-year limitation period in section 4 of the act applies, subject to the section 5 discovery provisions. Leibel v. Leibel involved two… Continue Reading