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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 on rolling limitation periods and contractual limitation periods
The Court of Appeal decision in Marvelous Mario’s Inc. v. St. Paul Fire and Marine Insurance Co. is a noteworthy addition to “rolling limitation period” jurisprudence. The appellants sought coverage under the business interruption cover of a commercial insurance policy issued by the respondent. The … Read more »
- Ontario: special circumstances applies to Construction Act limitation periods
Pryers Construction LTD. v. MVMB is a reminder that parties in a lien action may be added after the 90 day limitation period in the Construction Act at any stage of the proceeding if there are special circumstances. … Read more »
- Ontario: you’re not a litigation guardian until you file an affidavit
The appointment of a litigation guardian will cause the limitation period to commence when the plaintiff is a minor or without capacity (see ss. 6, 7). Does the limitation period commence when the litigation guardian holds herself out as a litigation guardian, or when the litigation guardian files … Read more »
- Ontario: limitations issues that shouldn’t need deciding
There is a category of limitations jurisprudence that decides issues which shouldn’t need deciding. Three decisions recently expanded it. Having commenced a proceeding by notice of action within the limitation period, can a plaintiff add defendants to the proceeding outside the limitation period by … Read more »
- Ontario: a solid addition to s. 7 jurisprudence
Carmichael v. GlaxoSmithKline is an important addition to s. 7 capacity jurisprudence. The facts are tragic. The plaintiff killed his son during a psychotic episode and was found not criminally responsible by reason of a mental disorder. The plaintiff sued the defendant manufacturer of the drug he … Read more »