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Dentons Limitations Law Group

  • Discoverability

“Suspicions” not good enough to trigger discoverability under s. 5(1)(a)(iv)

By Dentons Limitations Law Group
  • Adding a Party

OCA addresses evidentiary burden of proving that plaintiff did not act with due diligence in order to rely on a limitations defence

By Dentons Limitations Law Group
  • Discoverability

Ontario Court of Appeal prefers motions to strike a claim based on a limitations defence be brought under Rule 20

By Dentons Limitations Law Group
  • Adding a Party

Relying on a limitations argument? The Ontario Court of Appeal confirms that this is a defence reserved only for a defendant

By Dentons Limitations Law Group
  • Discoverability

Discovery of Loss, Injury or Damage in the Context of Rectification Claims

By Dentons Limitations Law Group
  • Limitation Periods in Federal Court

FCA interprets “otherwise than in a province” for the purposes of determining whether the Federal limitation period applies

By Dentons Limitations Law Group
  • Amending Pleadings

Distinction between Adding a Party and Adding an Individual to the Factual Narrative

By Dentons Limitations Law Group
  • Contribution and Indemnity
  • Discoverability

Landmark OCA decision on s. 18 of the Limitations Act, 2002

By Dentons Limitations Law Group
  • Contribution and Indemnity
  • Limitation Periods contained in "Other Acts"

Ontario Court of appeal resolves conflicting limitation periods between the Trustee Act and Limitations Act, 2002

By Dentons Limitations Law Group
  • Discoverability

Ontario Court of Appeal sheds some light on the appropriateness of bringing a Rule 21 motion based on a Limitations Defence

By Dentons Limitations Law Group
  • Limitation Periods contained in "Other Acts"

Court of Appeal weighs in on jurisdiction over claims under the Residential Tenancies Act

By Dentons Limitations Law Group
  • Contribution and Indemnity
  • Discoverability

Limitation period for contribution and indemnity begins to run when defendant served with claim, even if defendant had prior knowledge of the claim

By Dentons Limitations Law Group

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