Information About Under The Limit

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 »

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 »

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 »

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 »

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 »