Last blog added on Tuesday, January 24th, 2023

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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: 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 »

  • Ontario: lawyers should investigate claims with “real world” reasonableness

    The Superior Court decision in Musslam v. Hamilton General Hospital contains a refreshing statement on the reasonableness of a lawyer’s actions when investigating a potential claim.  The standard is not perfection, but “contextual reasonableness in the ‘real world’”: [41]   As I address the various … Read more »

  • Ontario: Court of Appeal on amending to add a new cause of action

    In Polla v. Croatian (Toronto) Credit Union Limited, the Court of Appeal summarised the principles of amending to add a cause of action after the presumptive expiry of the limitation period: [31]      The trial judge’s conclusion that the proposed amendment made a new claim is a legal determination, … Read more »

  • Ontario: the evidentiary burden when moving for judgment on a limitations defence

    The Superior Court decision in RNC Corp. v. Johnstone summarises the evidentiary burden on a motion for judgment on a limitations defence:   [25] In Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., [2020] O.J. No. 4761, 2020 ONSC 6748 (S.C.J.) my colleague Sanfilippo J. expressed the point th … Read more »

  • Ontario: bankruptcy and appropriateness

    The Superior Court decision in Caning Construction Limited v. Dhillon finds that a bankruptcy proceeding was not an alternative process that could impact on the appropriateness of a civil action.  The bankruptcy proceeding could have determined damages in the civil action, but not its merits.  Furth … Read more »