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March 25, 2020 – On March 16, 2020, the Ontario government made the unprecedented decision to largely close the court system in Ontario in response to the COVID-19 pandemic. On March 20, 2020, the Ontario government made a second unprecedented decision to suspend all limitation periods in Ontario retroactive to March 16, 2020. Likewise, the timelines for any steps...
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January 28, 2020 – Blaney McMurtry partner Sheldon Inkol was successful in having a Statement of Claim dismissed via summary judgment in the matter of Swan v. Durham Condominium Corporation No. 45. The plaintiff – a unit owner in a residential condominium and a former member of the Board of Directors of the condo corporation – had a lengthy history of litigation...
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Know Your Limits: Court of Appeal agrees that Consultant’s Limits of Liability Extend to Contractors
January 28, 2020 – On September 30, 2019, the Ontario Court of Appeal upheld the Ontario Superior Court decision of Justice Ryan Bell in Mississippi River Power Corporation v. WSP Canada Inc., 2018 ONSC 6104. This is an important case for owners, consultants and contractors because it means that a limitation of liability clause in a consultant’s contract may also be... -
December 17, 2019 – The Ontario Court of Appeal released a new decision in Tomec v Economical Mutual Insurance Company, which affirmed that the two-year limitation period in section 281.1(1) of the Insurance Act (the “Act”) and section 51(1) of the Statutory Accident Benefits Schedule (“SABS”) are subject to the rule of discoverability. Read More