Information About Limitations Law Blog
- Khalid v 2262351 Ontario Inc.: Third party discoverability grounded in reasonability
Introduction In negligence-based actions, defendants routinely issue third party claims for contribution and indemnity to reduce their liability exposure. As a result, the plaintiff can commence a claim believing certain defendants to have caused the plaintiff’s loss, but, after successive third par … Read more »
- Application of the appropriate means test in an action to enforce a foreign judgment
In Grayson Consulting Inc v Lloyd, 2019 ONCA 79, the Court of Appeal considered when a proceeding would be an “appropriate means to remedy a loss” in the context of a claim commenced to enforce a foreign judgment where a Mareva injunction had also been granted. Grayson obtained default judgment agai … Read more »
- Court of Appeal affirms the importance of the “appropriate means” test under s. 5(1)(a)(iv)
In Presley v. Van Dusen, 2019 ONCA 66, the Court of Appeal for Ontario affirmed the importance of the appropriate means test under s. 5(1)(a)(iv) of the Limitations Act, 2002, and confirmed that superior knowledge and expertise sufficient to delay the commencement of proceedings is not restricted to … Read more »
- 2019: Fifteen Years Later and the Ultimate Limitation Period is Engaged!
While it may be the year of the Pig, 2019 also marks the year of the Ultimate Limitation Period! Undiscovered claims that occurred on or before January 1, 2004 (the date the Limitations Act, 2002 came into force), became ultimately statute barred on January 1, 2019 as a result of s. 15 of the Act. T … Read more »
- Doctrine of Special Circumstances still used to add parties after the expiration of a limitation period contained in the Trustee Act
In Estate of John Edward Graham v. Southlake Regional Health Centre, 2019 ONSC 392, the Ontario Superior Court applied the doctrine of special circumstances to add a defendant to an action six years after the limitation period, as established by s.38 of the Trustee Act, expired. Mr. Graham passed aw … Read more »
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