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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!
- Limitations Defences Must be Pleaded and Argued
In Hayward v. Hayward, 2021 ONCA 175 (“Hayward”), the Court of Appeal for Ontario provided a reminder of the established principle that limitations defences must be pleaded and argued. Hayward is an estate matter. It involves the late Jeanne Hayward (“Jeanne”), her former husband, Alexander Hayward … Read more »
- The Tragically Hip v. Mill Street Brewery: A Long Time Running
A battle between two quintessential Canadian brands has finally found its way into court. On February 9, 2021, the Canadian musical group, The Tragically Hip, filed a Statement of Claim in the Federal Court against Trillium Beverage Inc. doing business as Mill Street Brewery. At issue is Mill Street … Read more »
- No Obligation to Sue a John Doe or Jane Doe
Theralase Technologies Inc. v. Lanter, 2021 ONSC 943 (“Theralase”) is an Internet defamation case that contains a small, but noteworthy, comment on the use of pseudonyms and the law of limitations. The plaintiffs obtained default judgment against several unidentified defendants, including Matthew Si … Read more »
- Court of Appeal for Ontario Addresses Actual and Constructive Knowledge of Claims for Contribution and Indemnity
Overview In Albert Bloom Limited v. London Transit Commission, 2021 ONCA 74 (“Bloom“), the Court of Appeal for Ontario confirmed that once the second anniversary of the service of the claim in respect of which contribution and indemnity is sought passes, the party seeking contribution and indemnity … Read more »
- 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 »