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Court of Appeal holds that the duty to defend is an ongoing obligation to be applied on a “rolling” basis and insurers cannot contract out of the Limitations Act where policy holders are consumers
A Rule 21 motion is appropriate to determine a limitation issue when no material facts are in dispute, and no finding of discoverability is required
The Godfrey Decision: The Supreme Court of Canada weighs in on umbrellas, discoverability, complete codes, and certification methodologies
Court of Appeal warns that pending “forum issues” will not delay the commencement of a limitation period in Ontario
Supreme Court of Canada determines that limitation period contained in s. 36(4)(a)(i) of the Competition Act is subject to discoverability
Court of Appeal addresses two issues: the interpretation of s. 12 of the Limitations Act in the context of a bankrupt company, and whether an appeal of an underlying judgment tolls the limitation period
Emails can satisfy the acknowledgement requirement and Forbearance can postpone discoverability of a claim
Commencing a claim in the wrong forum does not suspend the running of a limitation period
Leave to commence derivative action allowed where continuous breaches occurred under an agreement
Family Law Act claims commenced under s. 61 are a separate cause of action in the context of personal injury litigation
Court of Appeal distinguishes between new causes of action and alternative forms of legal relief in determining whether a party can amend its pleadings after the expiry of the limitation period
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