What Happens If You’ve Delayed In Bringing a Court Claim? Here’s a Case That You Should Know About

Generally speaking, a party that wishes to commence a court action must do so within two years of when he/she first became aware (or ought to have become aware) of the existence of the claim. We call this the “limitation period” and there are a number of factors that go into assessing when the limitation period starts to run. In the case of Presley v Van Dusen, 2019 ONCA 66 [Presley], the Ontario Court of Appeal recently confirmed that in order for the limitation period to begin to run, a key question that must also be asked in the assessment is: Whether or not a legal proceeding is an appropriate means to seek to remedy the injury, loss, or damage?  Continue reading “What Happens If You’ve Delayed In Bringing a Court Claim? Here’s a Case That You Should Know About”

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Decision Respecting Smoking

A 2015 decision from Thunder Bay – not previously reported – has recently come to our attention.  To my knowledge, it’s the only Ontario Court decision (so far) dealing with smoking rules and grandfathering of smokers.

I begin with the following summary of the case, Thunder Bay Condominium Corporation No. 15 v. Ewen (click here to read the Reasons on Costs): Continue reading “Decision Respecting Smoking”

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Appealing Decisions From the Condominium Authority Tribunal

With the Condominium Authority Tribunal (“CAT”) just recently turning a year old, we are beginning to see more and more CAT decisions being released. As the jurisdiction of this tribunal is expected to increase, we also expect an increasing number of condominium disputes to be resolved through this online dispute resolution process.

However, what happens if one disagrees with a decision from the CAT? Is there a way to appeal a decision from the CAT?   Continue reading “Appealing Decisions From the Condominium Authority Tribunal”

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Limitation Limbo: All Condominium Corporations Should Be Mindful of the Upcoming Ultimate Limitation Period!

To bring any type of legal action in Ontario, including claims made by condominium corporations, there are generally two relevant dates litigants should be aware of:

• the basic limitation period – two years from the date that you knew, or ought to have known, about the claim; and

• the ultimate limitation period – 15 years from the date on which the act or omission took place, regardless of whether the elements of the claim become known, or are discoverable, during that 15 year period.

Continue reading “Limitation Limbo: All Condominium Corporations Should Be Mindful of the Upcoming Ultimate Limitation Period!”

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