Although the issue seems to be far from settled in the minds of some judges, Mr. Justice C. Stephen Glithero made the following unequivocal statement in Hughes v. Kennedy Automation Limited about the effect of s. 21(1) of the Limitations…
In Mapletoft v. Service, Case Management Master Calum MacLeod decided a motion for summary judgment in a motor vehicle case. The defendant argued that the action had been commenced after the expiry of the limitation period. Our office opposed the…
In Guay v. BHD Financial Group, Master R. Dash considered whether a limitation period could be extended on account of “special circumstances”. On the facts of the case, the motion to extend the limitation period was dismissed. But the Master…
In Shuker v. Gagne, Mr. Justice Barry Matheson of the Ontario Superior Court refused to permit the plaintiffs to amend their statement of claim, to plead that a defendant who had already been sued in the capacity of owner of a…
In an important decision, released today, the Court of Appeal in York Condominium Corporation No. 382 v. Jay-M Holdings Limited et al. reversed a ruling by Mr. Justice John Ground and held that if a claim is not discovered until January…
The recent decision of Parker v. Chapman raises some interesting issues about the law of limitation periods in the post-Limitations Act, 2002 era. The ruling was made by Mr. Justice Barry MacDougall of the Ontario Superior Court. This was a…
The “discoverability” principle does not permit a limitation period to be extended where a plaintiff delays suing because she does not, at first, realize the seriousness of her injury. This is what the Divisional Court ruled in Smith v. Toronto.In…
This edition of Update includes: a case that deals with the determination of “catastrophic impairment” in the context of automobile insurance; and “discoverability” in a fatal accident claim.
This edition of Update includes: Catastrophic Impairment Section 267.5(3) of the Insurance Act protects defendants from liability for damages for “health care expenses” unless the person has sustained a catastrophic impairment as defined under Regulation 461/96. In Snushall v. Fulsang, an Ontario Superior…