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Discoverability

  • Discoverability

Commencing a claim in the wrong forum does not suspend the running of a 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
  • Adding a Party
  • Discoverability

Khalid v 2262351 Ontario Inc.: Third party discoverability grounded in reasonability

By Deepshikha Dutt
  • Discoverability
  • Enforcement of Foreign Judgments

Application of the appropriate means test in an action to enforce a foreign judgment

By Dentons Limitations Law Group
  • Discoverability

Court of Appeal affirms the importance of the “appropriate means” test under s. 5(1)(a)(iv)

By Dentons Limitations Law Group
  • Discoverability

The Discoverability Principle in the Context of Breach of Contract Requiring Third Party Satisfaction

By Dentons Limitations Law Group
  • Discoverability

A Notice of Objection filed in response to a passing of accounts application does not constitute a “proceeding” or a “claim” under the Limitations Act, 2002

By Dentons Limitations Law Group
  • Adding a Party
  • Discoverability

Interlocutory Motions: When is a Finding of Fact on a limitations issue Final?

By Dentons Limitations Law Group
  • Discoverability

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

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
  • Discoverability

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

By Dentons Limitations Law Group

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