Information About Limitations Law Blog
Recent Posts
Below is a preview of the five most recent posts from the blog Limitations Law Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Emails can satisfy the acknowledgement requirement and Forbearance can postpone discoverability of a claim
In University Plumbing v Solstice Two Limited, 2019 ONSC 4276, the Superior Court addressed two questions: (i) whether an email can satisfy the acknowledgement requirement under s. 13(1) of the Limitations Act; and (ii) whether a promise to forbear commencing an action affects discoverability of a c … Read more »
- Commencing a claim in the wrong forum does not suspend the running of a limitation period
In Benuik v Leamington, 2019 ONSC 1830, the court addressed the issue of whether the law permits the postponing or suspending of a limitation period simply because a plaintiff brought its claim in the wrong forum. The answer is “no”. In Benuik, the plaintiffs brought an action before the Ontario Mun … Read more »
- Leave to commence derivative action allowed where continuous breaches occurred under an agreement
In Sax v Rick Aurora, 2019 ONSC 3573, the Divisional Court considered the application of the Limitations Act, 2002 in the context of a derivative claim brought under section 246 of the Business Corporations Act for continuing breaches under an agreement. The plaintiff worked as a real estate agent f … Read more »
- Family Law Act claims commenced under s. 61 are a separate cause of action in the context of personal injury litigation
When it comes to claims brought by family members pursuant to s. 61 of the Family Law Act, RSO 1990, c. F.3. (“FLA”), the latest word from an Ontario court indicates that the two year limitation period applies to those claims as separate causes of action. In Malik v. Nikbakht, 2019 ONSC 3118, the de … Read more »
- Court of Appeal Clarifies Limitations Period in Alberta Privacy Actions
This post originally appeared on Dentons Data blog. On May 12, 2019, the Alberta Court of Appeal released a decision from a summary dismissal application that should resolve any confusion that may have arisen at the crossroads of that province’s limitations act and its privacy legislation, the Perso … Read more »