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Recent Posts
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- Ontario Superior Court of Justice Amends Issue Date of Statement of Claim after Failure of Duty by Court Staff
In Patkaciunas v. Economical Mutual Insurance Company, 2021 ONSC 5945 (“Patkaciunas”), the Ontario Superior Court of Justice held that it has “the necessary jurisdiction to treat a claim as having been commenced when the statement of claim ought to have been issued by the public official to whom it … Read more »
- Civil Procedure and Practice in Ontario, 2021
Civil Procedure and Practice in Ontario, 2021 is your guide to Ontario’s Rules of Civil Procedure, RRO 1990, Reg 194, Courts of Justice Act, RSO 1990, c C.43, and Limitations Act, 2002, SO 2002, c 24, Sch B. Thorough enough to meet the needs of specialist litigators, it is also designed to be access … Read more »
- Court of Appeal for Ontario Summarizes Key Principles in the Appropriate Means Analysis
Overview In Dass v. Kay, 2021 ONCA 565 (“Dass”), the Court of Appeal for Ontario confirmed the proper interpretation of section 5(1)(a)(iv) of the Limitations Act, 2002, SO 2002, c 24, Sch B (the “Act”), which deals with knowledge that a proceeding is an appropriate means to seek to remedy a person’ … Read more »
- Supreme Court of Canada Addresses Discoverability in New Brunswick’s Limitation of Actions Act
Overview In Grant Thornton LLP v. New Brunswick, 2021 SCC 31 (“Grant Thornton”), the Supreme Court of Canada held that a claim is discovered under section 5(2) of New Brunswick’s Limitation of Actions Act, SNB 2009, c L-8.5 (the “LAA”) when “the plaintiff has knowledge, actual or constructive, of th … Read more »
- A Statute-Barred Claim is Not a Provable Claim in Bankruptcy
In John Trevor Eyton (Re), 2021 ONSC 3646 (“Eyton II”), Justice Dunphy determined that while a claim that is statute-barred under the Limitations Act, 2002, SO 2002, c 24 (the “Limitations Act”) continues to exist insofar as it has not actually been extinguished, it is not a claim provable in procee … Read more »