Last blog added on Wednesday, May 20th, 2020

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Recent Posts

Below is a preview of the five most recent posts from the blog Under The Limit. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Ontario: appealing from an arbitrator’s limitations decision

    The decision in Tall Ships Landing Devt. Inc. v. City of Brockville is a rare example of an appeal to the court from an arbitrator’s limitations decision pursuant to ss. 45(2) and 46(1) of the Arbitation Act, 1991.  The arbitrator found the claim statute-barred without determining when the claims be … Read more »

  • Ontario: a limitations defence appropriate for r. 21(1)(a)

    The decision in Kaynes v. BP, PLC is a rare example of a limitation defence appropriately determined on a r. 21(1)(a) motion: [68]           In my opinion, as explained below, there are no material facts that could be pleaded or any discoverability issues that could or would postpone the running of … Read more »

  • Ontario: unusual misnomer motions

    Here’s an interesting question: can you add a defendant to a proceeding with leave to plead a limitations defence and then move to correct the misnaming of that defendant as a John Doe (and avoid the limitations defence)?  Yes, held the court in Janet Campagiorni et al. v. Lyne Legare et al. The pla … Read more »

  • Ontario: misnomer and the John Doe doctor

    The decision in Tschirhart v. Grand River Hospital is a good example of a misnomer analysis in regards if a John Doe doctor .  It’s worth noting that the court rejected the doctor’s argument that the Statement of Claim couldn’t satisfy the litigation finger test because it didn’t plead that the plai … Read more »

  • Ontario: the principles of mva “threshold” claims

    Dimech v. Osman contains a useful summary of the limitation of claims for non-pecuniary losses arising from a motor vehicle accident: [14]      Under s. 4(1) of the Limitations Act, 2002 a person loses the right to sue for a claim two years after she “discovers” the claim. Under s. 5(2) of the Limit … Read more »