Ontario: when a tax appeal doesn’t render a claim against lawyers inappropriate

In Coveley v. Thorsteinssons LLP, the plaintiffs sued their former lawyers for negligently prosecuting tax appeals.  The defendant lawyers moved for summary judgment dismissing the claim as statute-barred. The court refused to accept the plaintiffs’ s. 5(1)(a)(iv) appropriateness argument that… Continue Reading

Ontario: the Land Titles Act and possessory and prescriptive rights

Aragon (Wellesley) Development (Ontario) Corp. v. Piller Investements Ltd. will be useful to the real property bar for its summary of the effect of the Land Titles Act on possessory and prescriptive rights (starting at para. 122), abandonment of easements… Continue Reading

Ontario: Easements by prescription

  The Court of Appeal decision in Hunsinger v. Carter contains a statement of the principles of establishing an easement by prescription (which, as I like to point out, is a limitation issue): (1)         Establishment of an easement by… Continue Reading

Ontario: the interaction of representation orders and the Limitations Act

  Can a party obtain a r. 12.08 representation order after the expiry of the limitation period? No, held the Court of Appeal in United Food and Commercial Workers Canada, Local 175, Region 6 v. Quality Meat Packers Holdings Limited. If… Continue Reading

Federal: The limitation of actions under s. 31 of the Expropriation Act

In Canada v. Milne, the Federal Court of Appeal held that no limitation period applies to an action under s. 31(1)(a)(i) of the Expropriation Act: [3]  The central issue before the motion judge was the proper interpretation of subparagraph 31(1)(a)(i) of the Expropriation… Continue Reading