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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: Court of Appeal confirms an expired limitation period doesn’t extinguish debt
In Tega Homes (Attika) Inc. v. Spencedale Properties, the Court of Appeal makes the point that the expiry of a limitation period for an action to recover a debt doesn’t extinguish the debt, but the right to enforce it: [52] […] I do not accept the appellants’ submission that the passing of the a … Read more »
- Ontario: Court of Appeal confirms a disability doesn’t necessary suspend the limitation period
The Court of Appeal decision in Bell v. Long makes the point that a disability per se does not necessarily mean a person is incapable within the meaning of s. 7 of the Limitations Act. … Read more »
- Ontario: Court of Appeal sort of confirms Limitations Act applies to will challenges
The Court of Appeal decision in Shannon v. Hrabovsky is an unfortunate addition to limitations jurisprudence. Arguably, it stands for the principle that the basic limitation period applies to will challenge proceedings. An appellate court has never before considered the issue, and there is much to c … Read more »
- Ontario: Court of Appeal on the knowledge required to plausibly infer liability
The Court of Appeal decision in Di Filippo v. Bank of Nova Scotia explains the degree of knowledge required to know the s. 5(1)(a) discovery matters. This includes a clarification that the knowledge necessary to plausibly infer liability is not actual knowledge of the discovery matters. Actual knowl … Read more »
- Ontario: the limitation of a solicitor-initiated assessment
The Superior Court decision in Fasken Martineau DuMoulin LLP v. Behdad Hosseini et al. sets out the principles of the limitation of a solicitor-initiated assessment under s. 3(c) of the Solicitors Act and concludes that the Limitation Act’s basic limitation period applies: [83] Both part … Read more »