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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!
- A Rule 21 motion is appropriate to determine a limitation issue when no material facts are in dispute, and no finding of discoverability is required
In Davidoff v Sobeys Ontario, 2019 ONCA 684, the Court of Appeal for Ontario considered the formal requirements that must be in a Notice of Action in order to properly commence a claim within the limitation period, and whether it was appropriate to bring a Rule 21 motion to strike to determine a lim … Read more »
- Court of Appeal warns that pending “forum issues” will not delay the commencement of a limitation period in Ontario
In Lilydale Cooperative Limited v Meyn Canada Inc, 2019 ONCA 761, the Court of Appeal for Ontario concluded that it is not appropriate for a party to wait for a forum dispute to be decided prior to commencing a claim in Ontario. A forum dispute does not toll the limitation period under the Limitatio … Read more »
- Supreme Court of Canada determines that limitation period contained in s. 36(4)(a)(i) of the Competition Act is subject to discoverability
In Pioneer Corp. v. Godfrey, 2019 SCC 42, an 8-1 majority of the Supreme Court of Canada determined that the discoverability rule applies to the limitation period in s. 36(4)(a)(i) of the Competition Act, such that it begins to run only when the material facts on which the plaintiff’s claim is based … Read more »
- Court of Appeal addresses two issues: the interpretation of s. 12 of the Limitations Act in the context of a bankrupt company, and whether an appeal of an underlying judgment tolls the limitation period
In Ridel v Goldberg, 2019 ONCA 636, the Court of Appeal for Ontario considered whether a judgment creditor was statute-barred from pursuing a claim for contribution and indemnity against the principal of a judgment debtor company. On April 17, 2013, the appellants received a favourable judgment agai … Read more »
- 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 »