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Decisions matching the current search
The court allowed a partial amendment to the notice of civil claim, struck a proposed assault allegation, and sent limitation issues to trial.
En appel, la Cour a jugé que le capital hypothécaire était une obligation à demande, mais que les intérêts et le recours sur la sûreté étaient régis autrement et pouvaient être prescrits.
The court held the negligence claim was statute-barred because the plaintiff could reasonably have sued within two years, despite safety concerns and rehabilitation.
Application to extend time to appeal dismissed because the proposed appeal was doomed to fail and an extension was not in the interests of justice.
The Court of Appeal upheld certification of a class action alleging overdraft charges by credit unions amounted to criminal interest, but one judge dissented on a limitation question.
The court dismissed a limitation-based application, holding that the insurer reasonably awaited an expert fire-causation report before time began to run.
The Court of Appeal dismissed an application to vary a single justice order refusing more time to perfect an appeal, finding the underlying appeal had no realistic prospect of success.
The Court of Appeal allowed a self-represented appellant’s appeal, holding a chambers judge erred by striking claims at a case planning conference without an evidentiary foundation.
The court dismissed a summary trial application seeking to have a tax-advice negligence claim barred by limitation, finding factual and credibility issues required trial.
The Court of Appeal allowed the Province’s appeal, holding the two-year limitation period had expired before the negligence action was filed.
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