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!
- Ontario: Court of Appeal on raising a limitations defence for the first time on appeal
In Vellenga v. Boersma, the Court of Appeal provides a reminder that you raise a limitations defence for the first time on appeal at your peril: [41] Finally, the appellants argue that Mr. Vellenga’s claim was statute-barred under s. 4 of the Real Property Limitations Act, which creates a ten-y … Read more »
- Ontario: s. 5(1)(a)(iv) and the limitation of false arrest and imprisonment claims
Vu v. Attorney General of Canada considers the limitation of a claim arising from false arrest and imprisonment, and in particular the impact of s. 5(1)(a)(iv) of the Limitations Act on the analysis: [30] Not surprisingly, the defendant takes the position that the limitation period commenc … Read more »
- Ontario: can you assess intersection design? (the dangers of aggressive limitations defences)
Ontario courts are filled with pro forma and ill-conceived limitations defences. Sometimes these stand out, particularly when advanced by institutions that maybe shouldn’t be too creative with limitations defences. Take Sun v. Ferreira as an example. The Plaintiffs claimed that the City of Toront … Read more »
- Ontario: a pleading read generously
When considering whether an amendment raises a fundamentally new claim and is therefore statute-barred, the court must read the pleading generously. The decision in Virji v. Kotton is an example of what this generosity looks like. The court “teased out” the necessary causes of action in a pleading … Read more »
- Ontario: different limitation periods apply to different claims
Kinectrics Inc. v. FCL Fisker Custome & Logistics Inc. contains the clearest statement of the principle that different claims are subject to different limitations analyses even when they arise out of similar circumstances: [78] […] Different causes of action can attract a different limitat … Read more »