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3 Nov

Refreshing the limitation period through acknowledgement of a debt (Anderson Sheet Metal Ltd. v. Comtract Air Compressors Inc.)

Friday, November 3, 2023Isabel YooLitigationLimitations Act, Ontario Limitations Act

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The limitation period is the time limit by which a party must commence their claim against another party. If they fail to commence the...

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10 Aug

Two-year limitation period applies to fraudulent conveyance actions (Bank of Montreal v. Iskenderov)

Thursday, August 10, 2023Isabel YooLitigationLimitations Act, Fraudulent Conveyances Act, Real Property Limitations Act

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An important consideration for determining whether (and when) to pursue litigation is the limitation period, which is the time limit by which...

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26 May

Negligence claim statute-barred by ultimate 15-year limitation period

Friday, May 26, 2023James R.G. CookLitigationReal Estate, Limitations Act

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Civil claims in Ontario are generally subject to a two-year limitation period, meaning that a plaintiff must start a court action within two years of...

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9 Nov

Limitation Period bars claim for breach of Assignment of Agreement of Purchase and Sale

Wednesday, November 9, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, Limitation Periods, Limitations Act

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In Ontario, there is a general two-year limitation period for claims relating to a breach of contract which starts on the day when a plaintiff discovers that damage from a breach occurred and knows that a legal proceeding would be an...

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11 Jul

Ponzi scheme participants ordered to return payments that were "too good to be true"

Monday, July 11, 2022James R.G. CookLitigationBankruptcy, Limitations Act, Bankruptcy and Insolvency Act

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Investors in a scheme that seems too good to be true should be aware that they may be liable to return the funds under principles of unjust...

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5 Feb

Criminal proceedings and the civil defamation claim: A limitation period lesson

Friday, February 5, 2021Stephen A. ThieleLitigationDefamation, Limitations Act, Ontario Court of Appeal

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In Ontario, section 4 of the Limitations Act, 2002 establishes a general two-year limitation period for commencing an action from...

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