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. […]
By Rebecca Moore In Ontario, the time period for a claimant to commence an action is outlined in the Limitations Act, 2002, (“LA”). The ‘basic limitation period’ is two years from the date on which the claim was discovered. There are, however, exceptions that have been carved out for particular categories of claimants. One such […]
At this morning’s muffin meeting by videoconference, we discussed a decision regarding the limitation period for third party claims and a decision involving approval of the discontinuance of a class action. Third Party Claim Commenced Too Late Ankita Abraham addressed the case of London Transit Commission v. Eaton Industries (Canada) Company, 2020 ONSC 1413, a […]
Carol-Anne Wyseman’s article called “Limitation period for duty to defend applications” was recently published in The Lawyer’s Daily. Carol-Anne provides her views on a surprising Court of Appeal decision.
In Rooplal v. Fodor, 2019 ONSC 7211, the Divisional Court agreed with the decision of the motion judge, Justice Chiappetta, that the limitation period for claims for uninsured automobile coverage only begins to run when the plaintiff makes a claim for indemnity to the insurer and the insurer fails to satisfy the claim (the day after […]
This morning, we had an “Ugly Holiday Sweater” edition of our weekly muffin meeting. We discussed a Court of Appeal decision involving coverage under a homeowner’s insurance policy. We also went over a decision in which a plaintiff sued a doctor and the Ministry of Health in relation to an alleged improper prescription drug. Homeowner’s Policy […]