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Doctrine of Special Circumstances still used to add parties after the expiration of a limitation period contained in the Trustee Act
The Discoverability Principle in the Context of Breach of Contract Requiring Third Party Satisfaction
A Notice of Objection filed in response to a passing of accounts application does not constitute a “proceeding” or a “claim” under the Limitations Act, 2002
Court of Appeal Confirms Statutory Limitation Period Applicable to Securities Class Actions
Interlocutory Motions: When is a Finding of Fact on a limitations issue Final?
OCA considers limitation period under s. 6(2) of the Arthur Wishart Act in respect of a Replacement Franchise Agreement
Divisional Court cautions that seeking declaratory relief is not a means to circumvent applicable limitation periods
Real Property Limitations Act applies to a claim for monies held in a resulting trust, where monies were used to purchase land
Adding a Party – Discoverability versus Due Diligence
“Suspicions” not good enough to trigger discoverability under s. 5(1)(a)(iv)
OCA addresses evidentiary burden of proving that plaintiff did not act with due diligence in order to rely on a limitations defence
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