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: there has never been a limitation period for a breach of treaty claim
Restoule v. Canada (Attorney General) is a wonderful decision for anyone who, like me, has the misfortune of being steeped (too long) in limitations law. It considers whether the Former Act applied to a claim for the breach of a treaty. In so doing, it engages with some of the more anachronistic a … Read more »
- Ontario: confusion in the Court of Appeal on the historical limitation of demand obligations
The Court of Appeal decision in Michel v. Spirit Financial Inc. includes the following paragraph that compels me to pedantry: [14] The trial judge made a finding of fact that all the advances made by Michel to Kramer and Spirit were loans. The loans were advanced from 2000 to 2009, during which … Read more »
- Ontario: the dangers of arguing a particular step would have caused discovery
I often see defendants argue that if a plaintiff had undertaken a certain step, discovery would have occurred on an earlier date. Without evidence that the plaintiff taking this step on a specific date would have resulted in the plaintiff learning on another specific date the facts necessary for di … Read more »
- Ontario: notice to the crown doesn’t toll the limitation period
Francis v. Ontario is a remainder that giving notice under the Proceedings Against the Crown Act (now replaced by the Crown Liability and Proceedings Act, which has similar notice requirements in s. 18) doesn’t toll the limitation period: [273] I agree with Ontario’s submission that that the limi … Read more »
- Ontario: the limitation of uninsured motorist proceedings
Sarokin v. Zhang has a comprehensive summary of the limitation of uninsured motorist proceedings. It’s a good resource if you practice in the area: [28] Section 265 (1) of the Insurance Act (Ontario) sets out the mandatory provisions for uninsured automobile coverage to be contained in … Read more »