Category Archives: Limitation Periods

Cases dealing with various types of limitation periods, statutory or contractual.

C.A. Says 15-Year “Ultimate Limitation Period” Runs from January 1, 2004

Posted on January 29, 2007 by Stephen Cavanagh

In an important decision, released today, the Court of Appeal in York Condominium Corporation No. 382 v. Jay-M Holdings Limited et al. reversed a ruling by Mr. Justice John Ground and held that if a claim is not discovered until January … Continue reading →

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Limitation Period Extended on Basis of Discoverability and Special Circumstances–Should It Have Been?

Posted on January 8, 2007 by Stephen Cavanagh

The recent decision of Parker v. Chapman raises some interesting issues about the law of limitation periods in the post-Limitations Act, 2002 era. The ruling was made by Mr. Justice Barry MacDougall of the Ontario Superior Court. This was a … Continue reading →

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15 Year “Absolute” Limitation Period Bars Claim for 1978 Negligence

Posted on February 1, 2006 by Stephen Cavanagh

York Condominium Corporation No. 382 v. Jay-M Holdings Ltd. et al. is the first case that we have seen that has interpreted the 15 year “absolute” limitation period found in s. 15 of the Limitations Act, 2002. There was no … Continue reading →

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Limitations

Posted on November 3, 2005 by Stephen Cavanagh

In St. Denis v. TD Insurance, decided on October 9, an Ontario Superior Court judge considered the one-year limitation period for theft claims in the standard Ontario auto policy. (The limitation, found in statutory condition 9, relates to claims for … Continue reading →

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Mistake as to Seriousness of Injury Does Not Extend Limitation Period

Posted on April 28, 2005 by Stephen Cavanagh

The “discoverability” principle does not permit a limitation period to be extended where a plaintiff delays suing because she does not, at first, realize the seriousness of her injury. This is what the Divisional Court ruled in Smith v. Toronto.In … Continue reading →

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C.A. Decision May Expand Liability of Municipalities

Posted on March 18, 2004 by Stephen Cavanagh

The Court of Appeal has just released its decision in Ouellette v. Town of Hearst and we attach a copy of the decision. This is an important case that interprets certain provisions of the former Municipal Act, limiting the right … Continue reading →

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Catastrophic Impairment; Discoverability in Fatal Accident Cases

Posted on May 1, 2003 by Stephen Cavanagh

This edition of Update includes: a case that deals with the determination of “catastrophic impairment” in the context of automobile insurance; and “discoverability” in a fatal accident claim.

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