March 26, 2021
At our weekly meeting, Chris MacDonald discussed a recent decision by the Court of Appeal in Malik v. Nikbakht, 2021 ONCA 176. In this decision, the Court of Appeal considered an appeal brought by the plaintiff, Sarfraz Malik. Mr. Malik appealed a lower court decision where the court held that he was statute barred by […]
February 16, 2021
The case of Taiga Building Products Ltd. v. Classic Fire Protection Inc., 2021 ONSC 676, addresses the type of knowledge required to start the limitations clock. On January 11, 2014, a sprinkler system inside the plaintiff’s business premises ruptured and caused a flood. Slightly more than two years later, on February 12, 2016, the plaintiff sued […]
November 19, 2020
By Brian Sunohara Most limitation periods in Ontario were suspended for close to six months, from March 16, 2020 to September 14, 2020, due to the COVID-19 emergency. The regulation that provided for the suspension, Ontario Regulation 73/20, indicated that “the temporary suspension period shall not be counted” toward the limitation period. The Attorney General […]
November 18, 2020
By Carol-Anne Wyseman In Baig v. Mississauga, 2020 ONCA 697, the Court of Appeal recently upheld a summary judgment finding that a man who fell off his bicycle and injured himself in 2013 was barred from suing the Corporation of the Town of Mississauga (“Mississauga”), as the two-year limitation period had expired. Background The plaintiff […]
October 19, 2020
In Condreanu v. Choi, 2020 ONSC 6105, the plaintiff was involved in a motor vehicle accident on November 23, 2017. On November 21, 2019, she commenced an action against a driver, Choi, along with the owner of Choi’s vehicle. One month prior to commencing the action, the plaintiff’s lawyer provided the insurer of another driver, Kelly, […]
August 10, 2020
The case of Piatkowski et al v. Drakos, 2020 ONSC 3928, addresses the test to amend a statement of claim to assert a new cause of action following the expiry of the limitation period. In November 2013, the plaintiff underwent tummy tuck surgery. She alleged that she sustained full skin necrosis which caused unsightly permanent scarring. […]
