Category Archives: Discoverability

Postponement of commencement of limitation period because of discoverability.

Judge Says It’s “Clear” that Limitations Act, 2002 Has Removed Discretion to Provide Relief from Limitation Periods

Although the issue seems to be far from settled in the minds of some judges, Mr. Justice C. Stephen Glithero made the following unequivocal statement in Hughes v. Kennedy Automation Limited about the effect of s. 21(1) of the Limitations … Continue reading

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Master MacLeod Proposes Guidelines for Solicitors’ Affidavits

In Mapletoft v. Service, Case Management Master Calum MacLeod decided a motion for summary judgment in a motor vehicle case. The defendant argued that the action had been commenced after the expiry of the limitation period. Our office opposed the … 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

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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

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

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?

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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Mistake as to Seriousness of Injury Does Not Extend Limitation Period

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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Catastrophic Impairment; Discoverability in Fatal Accident Cases

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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