Last blog added on Friday, January 3rd, 2020

Information About Under The Limit

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!

  • The Supreme Court on the application of common law discovery

    In Pioneer v. Godfrey, the Supreme Court considered the application of common law discovery to statutory limitation periods.  It is now the leading case on the subject. The Court held that the common law discovery rule applies only when a limitation period runs from the accrual of a cause of action, … Read more »

  • Ontario: whose knowledge binds a corporation?

    Whose knowledge binds a corporation for the purpose of a s. 5 discovery analysis? The Superior Court decision in 1511419 Ontario Inc. v. KPMG considers this issue: [91]           The Defendants dispute that the Minutes of the Board are in fact the “best evidence” of what the Board knew in or around … Read more »

  • Ontario: the timing of amendments, and some words on laches

    The Superior Court in Barker v. Barker is perhaps the most extreme example of an eleventh-hour motion to amend to plead discoverability.  The plaintiffs moved in the third week of trial to amend their Statement of Claim to plead reliance on ss. 5 and 16 of the Limitations Act in response to the defe … Read more »

  • Ontario: the limitation of indefinitely available internet defamation

    At issue in Torgerson et al. v. Nijem was the limitation of a claim arising from internet defamation where the impugned words remain available indefinitely.  The plaintiff argued that each day the words remain available gives rise to a new cause of action, a new claim, and a new limitation period.  … Read more »

  • Ontario: the Court of Appeal on adding a new claim

    In Klassen v. Beausoleil, the Court of Appeal provides a helpful summary of the analysis for determining whether proposed amendments assert a fundamentally new claim: (1)         The test to be applied [24]      I begin with the text of r. 26.01 of the Rules. It provides: On motion at any stage of a … Read more »