In a very brief decision, the Court of Appeal today said, in Godoy v. 475920 Ontario Ltd., that “if the principal claim is statute-barred the derivative claim under the Family Law Act is also barred”. Here, the principal claim was…
In June, the Court of Appeal laid to rest a dispute that had persisted for more than four years: do courts still have the power to allow defendants to be added to actions after the expiry of the limitation period, on the…
Hard on the heels of the Court of Appeal’s decision in Grewal v. Ivany, released last Friday, Mr. Justice Paul Perell has delivered reasons in Ng v. Beline that address one of the issues considered in Grewal: in personal injury…
[Addendum: Since this decision was released and our commentary posted, Mr. Justice Paul Perell has released reasons in Ng v. Beline that deal directly with the issue discussed in this post. It appears that neither the Court of Appeal nor…
Today, the Court of Appeal released two decisions which address the problem of whether a limitation period can be extended on the basis of “special circumstances” when commencing proceedings or adding defendants to existing proceedings. The answer is a qualified “no”….
Well, it’s finally happened. In Toneguzzo v. Corner, a Superior Court judge has come out and concluded that the enactment of s. 21(1) of the Limitations Act, 2002 has not done away with the court’s discretionary power to add parties after…
In Davey v. Davey, Mr. Justice Dougald R. McDermid was dealing with a motion to amend the statement of claim in a motor vehicle case. The plaintiffs in one of two actions that had been ordered to be tried together…
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…
The decision in Longley v. General Motors of Canada will only be relevant for a few more years, but it might be important until then. In this ruling by Mr. Justice Joseph R. Henderson, the issue was whether an action…
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…