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Ontario Court of Appeal Breaks Tie on Statute-Barred FLA Claimants

April 19, 2021

In Malik v Nikbakht, 2021 ONCA 176, the Court of Appeal has resolved inconsistent lower court rulings by affirming a 2019 decision that Family Law Act claimants could not be added to an ongoing claim after the expiration of the two-year limitation period.

Ontario’s Family Law Act allows family members of an injured person to recover damages from the party responsible for the injury. For example, if a parent were injured in a car accident, that injured person’s spouse and children could be included as plaintiffs, claiming a loss of care, guidance, and companionship. These are known as Family Law Act claimants or “FLA claimants”.

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