April 26, 2023
By Erin Crochetière The Court of Appeal in Wong v. Lui, 2023 ONCA 272, considered the applicability of the 15 year ultimate limitation period to claims advanced by a plaintiff who was a minor, but did not yet have a cause of action, during the running of the 15 year limitation period. In this case, […]
June 22, 2022
By Jennifer Singh In our March 31, 2022 blog post[1], we discussed the decision in Atsaidis v. Sanford, 2022 ONSC 1690, wherein a consent adjournment of trial to permit the defendants to bring a summary judgment motion on a limitation period issue was denied by Justice D.A. Wilson. Justice Wilson scheduled the motion for two […]
October 08, 2021
At our weekly meeting, Michael Kryworuk discussed the Court of Appeal’s decision in Gordon Dunk Farms Limited v HFH Inc, 2021 ONCA 681, dealing with discoverability and the commencement of a limitation period. History of the Litigation This appeal arises from an action commenced by the appellant, Gordon Dunk Farms, against the respondents, who were […]
August 24, 2021
By Alon Barda There has been much confusion regarding the applicability of s.7 of the Licence Appeal Tribunal Act[1] (the “LAT Act”) in recent years. This was finally put to rest with the recent Divisional Court decision of Fratarcangeli v. North Blenheim Mutual Insurance Company[2]wherein it was held that the Licence Appeal Tribunal (the “LAT”) […]
August 23, 2021
By Alon Barda and Natalia Sheikh The Ontario Court of Appeal’s decision in Rooplal v. Foder, 2021 ONCA 357 addresses the time period that applies in unidentified motorist claims pursuant to s. 265 of the Insurance Act[1] and Uninsured Automobile Coverage, R.R.O. 1990, Reg. 676 (“Regulation 676”). Facts The plaintiff was injured while riding a […]
August 18, 2021
By Gemma Healy-Murphy The Ontario Court of Appeal recently considered s. 5 of the Limitations Act, 2002 and provided a helpful reminder of the principles governing discoverability of claims, including the factor set out in s. 5(1)(a)(iv) regarding the appropriateness of bringing a proceeding: 5 (1) A claim is discovered on the earlier of, (a) the day […]
