Monthly Archives: May 2012

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

Insurance Provisions in Lease Held Not To Preclude Action by Lessor Against Lessee

UPDATE: At the end of 2012, the Court of Appeal allowed (in part) an appeal from this decision. The brief reasons are here. The Court said that “the applicable jurisprudence is unsettled”. It went on to conclude the following: Based … Continue reading

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A New Approach To Bifurcation?

Mr. Justice Robert Smith of the Superior Court released a decision last week that might signal a new approach to the bifurcation of trials. In Wang v. Byford-Harvey et al., His Honour ordered the bifurcation of a personal injury trial, … Continue reading

Posted in Practice and Procedure, Trial Procedure | Leave a comment

A Time To Every Purpose Under Heaven

The calculation of periods of time specified in statutes, rules and contracts is a continuing source of anxiety for lawyers. Filing a document one day late can have dire consequences. But figuring out just what is one day late is … Continue reading

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