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,...
May 30, 2017 | Commercial Litigation, Insurance
By: Melissa A. Wright, Litigation Associate The Ontario Court of Appeal’s recent decision in G & P Procleaners and General Contractors Inc. v. Gore Mutual Insurance Co. (“Procleaners”)[1] is an interesting example of the application of the...
