Dentons Limitations Law Group, Author at Limitations Law Blog

Limitations Law Blog

Updates on key developments on laws involving limitation periods in Ontario.

Tolling/Varying Agreements

Court of Appeal holds that the duty to defend is an ongoing obligation to be applied on a “rolling” basis and insurers cannot contract out of the Limitations Act where policy holders are consumers

By Dentons Limitations Law Group

Motions to Strike

A Rule 21 motion is appropriate to determine a limitation issue when no material facts are in dispute, and no finding of discoverability is required

By Dentons Limitations Law Group

Discoverability

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

By Dentons Limitations Law Group

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

By Dentons Limitations Law Group

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 Dentons Limitations Law Group

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

By Dentons Limitations Law Group

Discoverability

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

By Dentons Limitations Law Group

Amending Pleadings

Leave to commence derivative action allowed where continuous breaches occurred under an agreement

By Dentons Limitations Law Group

Family Law Act claims commenced under s. 61 are a separate cause of action in the context of personal injury litigation

By Dentons Limitations Law Group

Amending Pleadings

Court of Appeal distinguishes between new causes of action and alternative forms of legal relief in determining whether a party can amend its pleadings after the expiry of the limitation period

By Dentons Limitations Law Group

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 Dentons Limitations Law Group

Court of Appeal continues to discourage motions to strike brought under r. 21.01(1)(a) on a limitation issue, except in narrow circumstances

By Dentons Limitations Law Group