February 26, 2025
By Jordan Petruska In Lower Williams Properties Ltd. v. Santaguida, 2025 ONSC 1132, the third party brought a Rule 21 motion in multiple related actions on the grounds that the third party action was barred by the 15-year ultimate limitation period. Background The actions all arose from a 2019 fire that damaged multiple properties on […]
November 09, 2023
By Jordan Petruska In Monster Snacks Inc. v. David, 2023 ONSC 6223, the plaintiff brought a motion to continue the claim and to amend a fresh statement of claim to particularize new allegations against the defendant. The Court granted an order to continue the claim, but dismissed the plaintiff’s motion to amend a fresh statement […]
October 25, 2023
By Emmanuel Couture-Tremblay The recent decision of the Ontario Superior Court of Justice in Gregg v. Thurston, 2023 ONSC 5944, dealt with the applicability of a statutory limitation period to an order of the court. Overview In this case, Sandra Gregg and Lloyd Thurston entered into an agreement during their engagement to purchase a vacant […]
October 11, 2023
By: Antoinette Monardo The Ontario Superior Court of Justice recently released its decision in Tyszko v. St. Catharines (City), 2023 ONSC 2892. This decision addresses the 2-year and 15-year ultimate limitation periods, and clarifies what constitutes a continuing contravention/continuing cause of action. Context In 2002, the City of St. Catherines (the City) installed storm sewers […]
July 12, 2023
By Annie Levanaj In Filippova v. Cross, et al., 2023 ONSC 3777, the plaintiff, a nursing student, filed a lawsuit against her college, a long-term care home she received training from, and its employees after being removed from the nursing program in November 2020. The plaintiff commenced her original action against those defendants on September […]
April 26, 2023
By Erin Crochetière The Court of Appeal in Wong v. Lui, 2023 ONCA 272, considered the applicability of the 15 year ultimate limitation period to claims advanced by a plaintiff who was a minor, but did not yet have a cause of action, during the running of the 15 year limitation period. In this case, […]
