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Category Archives: Limitation Periods
Court Reverses Master’s Finding of “Special Circumstances” (But No Mention of s. 21(1) of Limitations Act, 2002)
Regular readers will remember numerous prior posts in which we have puzzled over the fact that despite the 2004 enactment of the Limitations Act, 2002, so many cases are still being argued on the basis of the common law power … Continue reading
Posted in Auto, Insurance News, Limitation Periods, Practice and Procedure
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Limitations Act, 2002 Has Removed Court’s Discretion to Add Parties Outside of Limitation Period, Based on “Special Circumstances”
Update: This decision was reversed by the Court of Appeal on December 3, 2008. Our thanks to Debra Rolph of LawPRO, who has notified us of a recent decision that did not find its way into CanLII (the Canadian Legal … Continue reading
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Trustee Act Limitation Bars FLA Claim
In Godoy v. 475920 Ontario Ltd., Mr. Justice Thomas R. Lederer considered whether the limitation period in s. 38(3) of the Trustee Act trumps the one in s. 61(4) of the Family Law Act. He held that it does. In … Continue reading
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Another Ruling Assumes Continued Existence of “Special Circumstances”
In Guay v. BHD Financial Group, Master R. Dash considered whether a limitation period could be extended on account of “special circumstances”. On the facts of the case, the motion to extend the limitation period was dismissed. But the Master … Continue reading
Posted in Discoverability, Limitation Periods
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Trustee Act Limitation Period Bars FLA Claim
In Kramarz v. KMS Cardiology & Diagnostic Centres, Mr. Justice Thomas R. Lederer held that a negligence action against a cardiologist was brought out of time. The suit had been commenced under the Family Law Act by members of the … Continue reading
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Two-Year HTA Limitation Might Not Bar Claim Arising from Faulty Brake Hose
In Giustini v. Poppa, Mr. Justice Thomas Lofchik dismissed a motion for summary judgment by Goodyear Tire and other defendants, who had argued that a claim against them was barred by the two-year limitation period in the Highway Traffic Act. … Continue reading
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Whither “Special Circumstances”?
UPDATE: A number of readers have inquired about the outcome of the motion in which our firm is involved and which is referred to in this post. The motion did begin, but the judge hearing it decided that he had a … Continue reading
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Section 21 of Limitations Act, 2002 Doesn’t Permit Addition of Defendants After Prescription
In an important new decision, Mr. Justice George P. Smith has become the first judge (so far as we know) to consider in detail the effect of s. 21(1) of the Limitations Act, 2002. He has found that s. 21(1) … Continue reading
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Plaintiff Can’t Add Third Party Driver as Defendant, Where Conscious Decision Was Made Not to Sue
In Biancale v. Vieyra, Mr. Justice David Crane dismissed a plaintiff’s motion to add, as a defendant in the proceeding, one of two drivers involved in the accident in which the plaintiff had been injured. The amendment was sought after … Continue reading
Posted in Auto, Insurance News, Limitation Periods, Uninsured or Underinsured
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Court Refuses Amendment to Plead that Owner of Vehicle Was Also Employer of Driver
In Shuker v. Gagne, Mr. Justice Barry Matheson of the Ontario Superior Court refused to permit the plaintiffs to amend their statement of claim, to plead that a defendant who had already been sued in the capacity of owner of a … Continue reading
Posted in Auto, Discoverability, Insurance News, Limitation Periods, Practice and Procedure
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