{"id":713,"date":"2018-03-05T11:21:51","date_gmt":"2018-03-05T15:21:51","guid":{"rendered":"http:\/\/limitations.ca\/?p=713"},"modified":"2018-03-05T11:21:51","modified_gmt":"2018-03-05T15:21:51","slug":"ontario-the-limitation-of-human-rights-claims-pursued-in-court","status":"publish","type":"post","link":"https:\/\/limitations.ca\/?p=713","title":{"rendered":"Ontario: the limitation of human rights claims pursued in court"},"content":{"rendered":"

An issue in Torres v. Export Packers<\/em><\/a> was whether the Limitations Act or the Human Rights code applies to a human rights claim in a civil action.\u00a0 It arose in the context of a motion to strike paragraphs from a pleading, and because the court found the question undecided, it denied the relief:<\/p>\n

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[<\/a>24]\u00a0\u00a0 \u00a0\u00a0 \u00a0\u00a0 \u00a0\u00a0There can be no doubt that the law is unsettled as to which limitation applies.\u00a0 The Defendant’s own factum, under the heading “Ontario Superior Court’s Inconsistent Application of the Limitations Act and the\u00a0Code<\/a>“, refers to a number of cases where Superior Court Judges have applied both the\u00a0Code<\/a>\u00a0and the\u00a0Limitation Act<\/i>\u00a0limitation period in an action.\u00a0\u00a0 I should note that it does not appear that the issue was squarely before those courts as it is in this motion.<\/p>\n<\/blockquote>\n

I have trouble finding any uncertainty, especially subsequent to the Court of Appeal decision in Letestu Estate<\/em><\/a>.\u00a0 The limitation period in the Human Rights Code applies explicitly to applications to the Human Rights Tribunal.\u00a0\u00a0 The Limitations Act applies to claims pursued in court proceedings. If you are suing in court, and if your suit involves a “claim” as defined by the Limitations Act<\/a>, its provisions apply.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

An issue in Torres v. Export Packers was whether the Limitations Act or the Human Rights code applies to a human rights claim in a civil action.\u00a0 It arose in the context of a motion to strike paragraphs from a pleading, and because the court found the question undecided, it denied the relief: [24]\u00a0\u00a0 \u00a0\u00a0 … Continue reading Ontario: the limitation of human rights claims pursued in court<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[430,429,310,431],"class_list":["post-713","post","type-post","status-publish","format-standard","hentry","category-ontario","tag-human-rights-claim","tag-human-rights-code","tag-ontario-act-s-1","tag-things-that-appear-complicated-but-arent"],"_links":{"self":[{"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/713","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=713"}],"version-history":[{"count":1,"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/713\/revisions"}],"predecessor-version":[{"id":714,"href":"https:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/713\/revisions\/714"}],"wp:attachment":[{"href":"https:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=713"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=713"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=713"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}