Denis c. Truemner

Denis c. Truemner

The motion judge correctly found that the appellant knew the relevant facts and had suffered compensable loss by 11 March 2004, so the two-year limitation period had expired before the action was commenced; the motion judge's order dismissing the proceeding as time-barred was correct.

Source-derived case information.

Citation
2007 ONCA 640
Parties
Appellant: Jean Carl Denis; Respondent: Mary Susan Truemner
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
20 September 2007
Procedural Posture
Civil Appeal From Motion Judge Order / Court of Appeal of Ontario – Appeal of Superior Court Motion Decision
Outcome
Appeal dismissed except for correction of costs arithmetic; motion judge's order upheld with modification to costs
Legal Topics
Limitation Period Accrual, Summary Dismissal, Costs Assessment
Source Language
fr
Civil Procedure Limitations (law) Defamation/malicious Falsehood Costs Limitation Period Accrual Summary Dismissal Costs Assessment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jean Carl Denis

Appellant

Mary Susan Truemner

Respondent

Procedural Posture

Civil Appeal From Motion Judge Order / Court of Appeal of Ontario – Appeal of Superior Court Motion Decision

  1. 1 When did the limitation period begin to run for the cause of action alleging harmful lies
  2. 2 Whether the appellant had suffered actionable damage before the limitation cut-off date
  3. 3 Whether the motion judge committed palpable and overriding error in finding the action time-barred

Ratio Decidendi

The motion judge correctly found that the appellant knew the relevant facts and had suffered compensable loss by 11 March 2004, so the two-year limitation period had expired before the action was commenced; the motion judge's order dismissing the proceeding as time-barred was correct.

Court Disposition

Appeal dismissed except for correction of costs arithmetic; motion judge's order upheld with modification to costs

Orders

  • Appeal dismissed
  • Motion judge's order upheld