Tolling/Varying Agreements Court of Appeal holds that the duty to defend is an ongoing obligation to be applied on a “rolling” basis and insurers cannot contract out of the Limitations Act where policy holders are consumers By Dentons Limitations Law Group
Motions to Strike A Rule 21 motion is appropriate to determine a limitation issue when no material facts are in dispute, and no finding of discoverability is required By Dentons Limitations Law Group
Discoverability Court of Appeal warns that pending “forum issues” will not delay the commencement of a limitation period in Ontario By Dentons Limitations Law Group
Discoverability Limitation Periods contained in "Other Acts" Supreme Court of Canada determines that limitation period contained in s. 36(4)(a)(i) of the Competition Act is subject to discoverability By Dentons Limitations Law Group
Discoverability Successors Court of Appeal addresses two issues: the interpretation of s. 12 of the Limitations Act in the context of a bankrupt company, and whether an appeal of an underlying judgment tolls the limitation period By Dentons Limitations Law Group
Acknowledgement Discoverability Emails can satisfy the acknowledgement requirement and Forbearance can postpone discoverability of a claim By Dentons Limitations Law Group
Discoverability Commencing a claim in the wrong forum does not suspend the running of a limitation period By Dentons Limitations Law Group
Amending Pleadings Leave to commence derivative action allowed where continuous breaches occurred under an agreement By Dentons Limitations Law Group
Adding a Party Amending Pleadings Family Law Act claims commenced under s. 61 are a separate cause of action in the context of personal injury litigation By Dentons Limitations Law Group
Amending Pleadings Court of Appeal distinguishes between new causes of action and alternative forms of legal relief in determining whether a party can amend its pleadings after the expiry of the limitation period By Dentons Limitations Law Group
Discoverability Not applying the objective test under s. 5(1)(b) of the Limitations Act, 2002 amounts to a reviewable error, Court of Appeal finds By Dentons Limitations Law Group
Discoverability Motions to Strike Court of Appeal continues to discourage motions to strike brought under r. 21.01(1)(a) on a limitation issue, except in narrow circumstances By Dentons Limitations Law Group
