The Superior Court decision in Enns v. Goertzen provides a detailed consideration of the Limitation Act’s s. 7 capacity provisions. Two points are particularly noteworthy: It summarises the authorities for the principle that s. 7 capacity is distinct from legal capacity.… Continue Reading
In Pioneer v. Godfrey, the Supreme Court considered the application of common law discovery to statutory limitation periods. It is now the leading case on the subject. The Court held that the common law discovery rule applies only when a… Continue Reading
Whose knowledge binds a corporation for the purpose of a s. 5 discovery analysis? The Superior Court decision in 1511419 Ontario Inc. v. KPMG considers this issue: [91] The Defendants dispute that the Minutes of the Board are… Continue Reading
The Superior Court in Barker v. Barker is perhaps the most extreme example of an eleventh-hour motion to amend to plead discoverability. The plaintiffs moved in the third week of trial to amend their Statement of Claim to plead reliance… Continue Reading
At issue in Torgerson et al. v. Nijem was the limitation of a claim arising from internet defamation where the impugned words remain available indefinitely. The plaintiff argued that each day the words remain available gives rise to a new cause of action,… Continue Reading
In Klassen v. Beausoleil, the Court of Appeal provides a helpful summary of the analysis for determining whether proposed amendments assert a fundamentally new claim: (1) The test to be applied [24] I begin with the text of r.… Continue Reading
The Court of Appeal decision in Hurst v. Hancock is a reminder that in a claim arising from anticipatory breach or repudiation of a contract, the limitation period may not commence until performance is due. There can no be… Continue Reading
The Court of Appeal decision in Marvelous Mario’s Inc. v. St. Paul Fire and Marine Insurance Co. is a noteworthy addition to “rolling limitation period” jurisprudence. The appellants sought coverage under the business interruption cover of a commercial insurance policy… Continue Reading
Pryers Construction LTD. v. MVMB is a reminder that parties in a lien action may be added after the 90 day limitation period in the Construction Act at any stage of the proceeding if there are special circumstances. Update: this… Continue Reading
The appointment of a litigation guardian will cause the limitation period to commence when the plaintiff is a minor or without capacity (see ss. 6, 7). Does the limitation period commence when the litigation guardian holds herself out as a… Continue Reading