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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 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 »
- 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 »