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Eureka! Supreme Court stakes discovery of a claim on plausible inference

Eureka! Supreme Court stakes discovery of a claim on plausible inference

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...
Caveats to the Aggressive Pursuit of Self-Interest: Revisiting Bhasin and the Good Faith Doctrines

Caveats to the Aggressive Pursuit of Self-Interest: Revisiting Bhasin and the Good Faith Doctrines

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...
Supreme Court of Canada: Substance-over-Form Dictates Whether Discoverability Applies to Statutory Limitations

Supreme Court of Canada: Substance-over-Form Dictates Whether Discoverability Applies to Statutory Limitations

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...
In ODD decision, Supreme Court severs link between certification and common issues trial for price-fixing cases

In ODD decision, Supreme Court severs link between certification and common issues trial for price-fixing cases

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...
Ontario Court Provides “Appropriate” Relief Against Statutory Limitation For Insurance Claims

Ontario Court Provides “Appropriate” Relief Against Statutory Limitation For Insurance Claims

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,...
The Ontario Court Of Appeal Leaves Window Cleaners Out To Dry On Window Replacement Costs

The Ontario Court Of Appeal Leaves Window Cleaners Out To Dry On Window Replacement Costs

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...
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