Bryan v. Miguna
The Court of Appeal dismissed the appeal, upholding dismissal of the action as statute-barred and awarding the respondent $8,000 in costs.
- Statute‑barred
- Fraudulent concealment
- Summary judgment
- Limitation period
- Costs
- Statute-barred
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Furney v. Robins Appleby LLP
The Court of Appeal for Ontario dismissed an appeal in a legal malpractice action, finding the claim was statute-barred under the Limitations Act, 2002.
- Limitations act 2002
- Statute-barred
- Discoverability/knowledge
- Summary judgment
- Standard of appellate review
- Professional-negligence
Scotia Capital Inc. v. Thompson
The motion judge correctly applied the law on discoverability and summary judgment, found genuine issues of material fact about when Thompson discovered his claims (including reliance on the advisor and lack of expert advice until 2018), and therefore summary dismissal was inappropriate; the Court of Appeal dismissed the appeal and awarded costs to the respondents.
Source excerpt
- Discoverability
- Summary judgment
- Limitation periods
- Statute-barred
- Breach of fiduciary duty
- Professional negligence
Kellogg v. Frantel
The claimant had actual or constructive knowledge of a defective, leaking roof within weeks of the October 27, 2021 purchase and therefore the claim was discovered before November 29, 2021, rendering the two-year limitation period expired and the claim statute-barred under s.8 of the Limitation of Actions Act.
Source excerpt
- Discoverability
- Statute-barred
- Continuous act or omission
- Home inspection disclaimers
- Realtor liability
Khawaja v. Canada
The Federal Court granted summary judgment, holding Mansoor Khawaja’s action was statute-barred under Alberta’s Limitations Act and dismissing the claim.
- Limitations
- Judicial review
- Charter s.15
- Nafta/cusma
- Flight instructor rating
- Summary judgment
Irps-Bleeker v. Van Gaalen
The motions judge permissibly found on the evidence that the appellant knew the loss had occurred by January 9, 2009 and that, given her real estate training, a reasonably prudent person in her circumstances would have made inquiries and known of the claim more than two years before she commenced the action, so the claim was statute barred under s.5(1)(b) of the Limitations Act, 2002.
Source excerpt
- Limitations act, 2002
- Discoverability
- Statute-barred
- Duty of care
- Inducement
River John Oceanfront Resort Ltd. v. Bureau
The Court found each plaintiff's claim was discoverable well before the action was commenced (RJOR: discovered Dec 1, 2006; Gillis: Feb 24, 2006; Morrisons: June 29, 2007), the applicable former limitation period for these pre-effective-date acts was six years and therefore the claims expired before commencement; the discretionary equitable extension in former s.3 was repealed and not available post-effective date and s.20 acknowledgements did not apply; accordingly there was no genuine issue of material fact or law to require trial and summary judgment was granted dismissing all plaintiffs'…
Source excerpt
- Discoverability
- Summary judgment
- Statute-barred
- Equitable extension of limitation (former s.3)
MacPhee v. Christansen
The motor vehicle accident occurred before the Act's effective date, section 23 applied, the transitional two-year period expired on September 1, 2017, the plaintiff did not commence the action until March 22, 2018, and therefore the claim was statute-barred; an expired limitation defence properly pleaded is suitable for summary judgment, so summary judgment dismissing the claim is required.
Source excerpt
- Summary judgment
- Limitation period
- Statute-barred
- Discoverability
- Limitation of actions act sections 12 and 23
Mass v. Canada Trustco Mortgage Company (TD Canada Trust)
The British Columbia Court of Appeal dismissed an application to vary a prior order and refused an extension of time, finding no reviewable error and no prospect of success.
- Extension of time
- Variation of court order
- Statute-bar
- Cause of action estoppel
- Standard of review for discretionary rulings
- New evidence on review
Szopa v. Canada (Attorney General)
The court struck a civil claim alleging misrepresentation about foreign credential recognition, finding no viable duty of care and holding the claim statute-barred.
- Negligent misrepresentation
- Duty of care
- Limitation period
- Striking pleadings
- Statute-barred
- Negligent-misrepresentation
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