Category Archives: Discoverability

Postponement of commencement of limitation period because of discoverability.

Superior Court Judge Strikes Down Limitation Period in Underinsured Endorsement

Schmitz v Lombard In a recent decision, Mr. Justice Martin James of the Superior Court has ruled that the limitation period contained in s. 17 of the underinsured automobile endorsement, OPCF 44R “cannot operate as a limitation defence and that … Continue reading

Posted in Auto, Discoverability, Insurance News, Limitation Periods | 1 Comment

C.A. Rules Definitively On Limitation Period for Claim Under Underinsured Endorsement

In Roque v. Pilot Insurance Company, 2012 ONCA 311 (CanLII), the Court of Appeal dispelled any doubt about when the limitation period commences to run for a claim against an insurer that provides underinsured motorist coverage. It agreed with Master Ronald … Continue reading

Posted in Auto, Discoverability, Insurance News, Limitation Periods | Leave a comment

FLA Plaintiff Can Be Added After Limitation Period If Main Action Commenced In Time

In Wilson v. Arseneau, 2012 ONSC 2879 (CanLII), Mr. Justice John McDermot held that a statement of claim can be amended to add a claimant under the Family Law Act more than two years after the accident giving rise to the … Continue reading

Posted in Discoverability, FLA, Limitation Periods | Leave a comment

C.A. Says Bad Faith Action Against Auto Insurer Not Subject to Limitation Period in Policy

The Court of Appeal’s decision in Dundas v. Zurich Canada, 2012 ONCA 181, is interesting for a couple of reasons: liability of an insurer for failing to pay its policy limits into an interest-bearing account and the limitation period that … Continue reading

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C.A. Says Only “Damage” Necessary to Start Limitation Period, Not “Damages”

The language of the Limitations Act, 2002 continues to be interpreted by the courts and an important decision was handed down this week by the Court of Appeal. Hamilton (City) v. Metcalfe & Mansfield Capital Corporation was an appeal from a … Continue reading

Posted in Appeals, Commercial Litigation, Discoverability, Limitation Periods | 2 Comments

Judge Declines to Decide Discoverability Issue on Summary Judgment Motion, Despite Expanded Powers

Zurba v. Lakeridge Health Corporation is the first decision we have seen of a summary judgment motion decided under the amendments to Rule 20. Unfortunately, it suggests that “the new boss” bears a strong resemblance to “the old boss”. If … Continue reading

Posted in Discoverability, Limitation Periods, Practice and Procedure | 1 Comment

Div. Ct. Allows Addition of Defendant After Expiry of Limitation Period, Based on Discoverability

In Toneguzzo v. Corner, the Divisional Court dismissed an appeal from a decision of Justice Lynda Templeton, allowing the addition of a defendant after the expiry of the limitation period. While Justice Templeton rested her decision on “special circumstances”, the … Continue reading

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C.A. Confirms that If Principal Claim Prescribed, So Are FLA Claims

In a very brief decision, the Court of Appeal today said, in Godoy v. 475920 Ontario Ltd., that “if the principal claim is statute-barred the derivative claim under the Family Law Act is also barred”. Here, the principal claim was … Continue reading

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Limitation Period for MVA Pecuniary Claims Follows That of Non-pecuniary Claims, Says Superior Court

Hard on the heels of the Court of Appeal’s decision in Grewal v. Ivany, released last Friday, Mr. Justice Paul Perell has delivered reasons in Ng v. Beline that address one of the issues considered in Grewal: in personal injury … Continue reading

Posted in Discoverability, Limitation Periods, Threshold | 3 Comments

C.A. Opens Door to Multiple Limitation Periods in MVA Cases

[Addendum: Since this decision was released and our commentary posted, Mr. Justice Paul Perell has released reasons in Ng v. Beline that deal directly with the issue discussed in this post. It appears that neither the Court of Appeal nor … Continue reading

Posted in Discoverability, Limitation Periods, Threshold | 2 Comments