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Canada Case Law

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Limitations law 2013 ONCA 554

Beaton v. Scotia iTrade

The motions judge correctly concluded there was no basis in the evidence for fraudulent concealment because the withheld disclosures were immaterial to the appellant's decision on the relevant date and the appellant was a participant in the telephone call he alleged was concealed; accordingly the limitation period was not tolled and the appeal is dismissed.

  • Statute of limitations
  • Fraudulent concealment
  • Sufficiency of reasons
  • Costs
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Contract law 2012 ONCA 150

TWI Foods Inc. v. Just Energy Corp.

The appeal and cross-appeal were dismissed because the trial judge correctly treated limitation periods as running on a per-bill basis given the absence of a valid renewal, reasonably excused TWI from mitigation based on Just Energy's conduct, correctly found no valid renewal on the evidence, and the costs award was properly reduced to partial indemnity; fraudulent concealment could not be raised for the first time on appeal.

  • Renewal of contract
  • Statute of limitations and accrual
  • Mitigation of damages
  • Costs assessment and indemnity scale
  • Fraudulent concealment and appellate review
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Limitation of actions [1992] 3 SCR 6

M.(K.) v. M.(H.)

The Supreme Court of Canada held that incest by a parent is both assault and battery and a breach of fiduciary duty, and that limitation periods run only when the plaintiff can reasonably discover the wrong and its cause.

  • Reasonable discoverability principle
  • Statute of limitations (limitations act)
  • Laches/acquiescence
  • Accrual of cause of action
  • Remedies (damages and punitive)
  • Reasonable-discoverability
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.