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. […]
July 22, 2020
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 […]
April 17, 2020
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 […]
