Category: Limitation Period

Alguire v. The Manufacturers Life Insurance Company (Manulife Financial), 2018 ONCA 202

The Ontario Court of Appeal held that an insurer’s claim of rectification is subject to the Limitation Act, 2002 (although Manulife’s rectification claim was not barred in the circumstances of this case). The Court of Appeal also upheld the trial judge’s award of substantial indemnity costs of $1.2 million against the insured on the basis that hte insured’s case had “no air of reality” and that he had fabricated evidence.

Marjadsingh v. Toronto Transit Commission v. Kahlon, 2018 ONSC 1439

The issue in this case was whether the limitation period set out in section 18(1) of the Limitations Act, 2002, S.O. 2002, c.24 was subject to discoverability. If not, the Defendant was out of time to add a new third party. Master Jolley concluded that the limitation period was rebuttable and the Defendant was permitted to add a third party and seek contribution and indemnity. This was subject to the third party being permitted to argue at trial that the claim was discoverable within two years.

John v. Ballingall, 2017 ONCA 579

In this case, the Ontario Court of Appeal confirmed that the limitation period in the Libel & Slander Act, R.R.O. 1990, c.L. 12 applies to the online version of a newspaper. The Court of Appeal rejected the Plaintiff’s argument that the limitation period commenced anew each day that the article was online. Rather, the limitation period began when the Plaintiff first became aware of the allegedly libelous document. The Court of Appeal also found that the Plaintiff’s claim had been properly dismissed under Rule 21 of the Rules of Civil Procedure on the basis of an expired limitation period.