Jun 3, 2024 | Commercial Litigation, Product Liability
By: Christiaan A. Jordaan, Partner The Supreme Court of Canada’s May 31, 2024, decision in Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc, 2024 SCC 20, has done away with the requirement for “magic words” or legalistic drafting to contract out of the default...
Aug 23, 2021 | Commercial Litigation, Insurance, Product Liability
By: Christiaan A. Jordaan, Partner During the past twenty years, many provinces have simplified their legislation governing limitation periods. One remaining complexity is that courts have continued to assess when a claim is discovered – which starts the limitation...
Feb 24, 2021 | Commercial Litigation
By: I. Jamie Arabi, Litigation Associate In 2014, the Supreme Court of Canada released Bhasin v Hyrnew,[1] which recognized a general principle of good faith in contractual performance. The decision highlighted one manifestation of that organizing principle: the duty...
Sep 23, 2019 | Commercial Litigation
By: Shaun Hashim, Litigation Associate There are many statutes containing limitation periods that bar plaintiffs from bringing an action after a specified period of time. Provincial limitation acts have largely codified the “discoverability principle” (i.e. that a...
Sep 23, 2019 | Commercial Litigation
By: Christiaan A .Jordaan[1], Counsel The Supreme Court of Canada’s decision in Pioneer Corporation v Godfrey, 2019 SCC 42, was a victory for the plaintiff, but it may prove advantageous for class action defendants in other cases. In an 8 to 1 decision released on...
Jul 18, 2017 | Commercial Litigation, Insurance
By: Lawrence G. Theall, Partner & Shaun A. Hashim, Litigation Associate Ontario’s two year limitation period often becomes a trap for unwary policy holders who suffer a property loss. It is not uncommon to see claims drag on through the adjusting process,...
