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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!
- Amendment to Occupiers’ Liability Act Creates 60 Day Notice Requirement
Bill 118, the Occupiers’ Liability Amendment Act, 2020, SO 2020, c 33, received royal assent on December 8, 2020 and creates an important notice requirement for personal injury claims caused by snow or ice. The amendment states, among other things, that “[n]o action shall be brought for the recovery … Read more »
- The Fact that a Named Plaintiff Has No Legal Status Does Not Justify Correcting an Alleged Misnomer
Overview In Dealer’s Choice Preferred Collision Centre Inc. v. Kircher, 2020 ONSC 7557 (“Kircher”), the Ontario Superior Court of Justice confirmed that where a plaintiff seeks to correct a misnomer by substituting an entity for itself, the question is whether the proposed “new” plaintiff was an int … Read more »
- Subsequent Discovery of the Severity of Injuries Will Not Extend the Limitation Period
Overview In Baig v. Mississauga, 2020 ONCA 697 (“Baig”), the Court of Appeal for Ontario confirmed that knowledge of the material facts necessary to support the cause of action will trigger the commencement of the basic two-year limitation period as opposed to knowledge of the extent of the damages. … Read more »
- Ontario Superior Court of Justice Addresses Limitation Periods in Claims for Prosecutorial Torts
Overview In MacKinnon v. Halton Regional Police Services Board, 2020 ONSC 6908 (“MacKinnon”), the Ontario Superior Court of Justice confirmed that the presumptive date on which a limitation period starts to run in a claim involving prosecutorial torts, such as malicious prosecution and negligent inv … Read more »
- Ontario Superior Court of Justice dismisses Application for Declaration regarding Revoked Suspension Order
Ontario Regulation 73/20 (the “Suspension Order”) made under the Emergency Management and Civil Protection Act, RSO 1990, c E.9 (the “EMCPA”) temporarily suspended limitation periods and procedural deadlines in Ontario effective March 16, 2020. The Suspension Order was “revoked” on September 14, 202 … Read more »