Discoverability

• Discoverability

Subsequent Discovery of the Severity of Injuries Will Not Extend the Limitation Period

By Ara Basmadjian

• Discoverability

Ontario Superior Court of Justice Addresses Limitation Periods in Claims for Prosecutorial Torts

By Ara Basmadjian

• Discoverability

Ontario Superior Court of Justice grants Leave to Amend a Plaintiff’s Claim to Add a Ride-Sharing Platform as a Defendant in a Motor Vehicle Claim

By Ara Basmadjian

• Discoverability
• Misnomer

Ontario Superior Court of Justice Summarizes Principles of Misnomer and Discoverability

By Ara Basmadjian

• Discoverability

Limitation Periods and Singular Discrete Oppressive Acts

By Ara Basmadjian

• COVID-19
• Discoverability
• Tolling/Varying Agreements

Limitation Periods during the Coronavirus Pandemic

By Ara Basmadjian

• Discoverability

Court of Appeal warns that pending “forum issues” will not delay the commencement of a limitation period in Ontario

By Christina Porretta

• Discoverability
• Limitation Periods contained in "Other Acts"

Supreme Court of Canada determines that limitation period contained in s. 36(4)(a)(i) of the Competition Act is subject to discoverability

By Christina Porretta

• Discoverability
• Successors

Court of Appeal addresses two issues: the interpretation of s. 12 of the Limitations Act in the context of a bankrupt company, and whether an appeal of an underlying judgment tolls the limitation period

By Christina Porretta

• Acknowledgment
• Discoverability

Emails can satisfy the acknowledgement requirement and Forbearance can postpone discoverability of a claim

By Christina Porretta

• Discoverability

Commencing a claim in the wrong forum does not suspend the running of a limitation period

By Christina Porretta

• Discoverability

Not applying the objective test under s. 5(1)(b) of the Limitations Act, 2002 amounts to a reviewable error, Court of Appeal finds

By Christina Porretta