Legal & Industry Insights
Detailed insider views on legal trends and outcomes.
Waived Limitation Period for Sexual Assault and Sexual Misconduct Claims
Generally speaking, in Ontario, litigants have two years to commence a civil lawsuit. However, in the cases of the sexual assault, this two-year limitation period is waived. Section 16(1) of the Ontario Limitations Act states, “16 (1) There is no limitation period in respect of… (h) a proceeding based on a sexual assault; (h.1) a proceeding based on any other misconduct of a sexual nature if, at the time of the misconduct, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and the person who committed the misconduct: (i) the other person had charge of the person with the claim, (ii) the other person was in a position of trust or authority in relation to the person with the claim, (iii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person; …:” (emphasis added) These provisions provide flexibility for victims of sexual assault when bringing a...
What did I just trip on?
A recent decision of Justice Mitchell of Ontario’s Superior Court of Justice has re-affirmed that a plaintiff in a slip and fall case is not required to pin point the exact cause or mechanism of the fall to succeed in establishing liability on a defendant. In Branton, the defendant was involved in...
Courts of Justice Act Medical Assessments – How Many is Too Many?
The issue of how many defence medicals are too many is the subject of a recent Ontario Superior Court decision. In the matter of Rocca and 6131646 Canada Inc. et al, the plaintiff was involved in a motor vehicle accident that resulted in injury. It was noted that the plaintiff had produced three...
Court’s in Session:
SCJ’s expanded virtual court operations and Corbett J. guidelines for remote hearings as set out in Ontario v. Ontario Association of Midwives, 2020 ONSC. To protect all court users during the COVID-19 crisis, all but urgent hearings in the Ontario Superior Court of Justice (SCJ) were suspended,...
SNOW…AND ICE, ICE, BABY
All right, stop, collaborate and listen… Snow arrived much earlier than many of us expected. It isn’t 12 Inches of Snow just yet, but it is a seasonal reminder to many AB claims examiners that a flurry of OCF-1s may soon appear on their desks. Consider this blog posting your Informer about snow,...
Wait – Let Me Grab My Purse!
In the recent LAT decision of S.B. and Aviva, a woman who sustained injuries after retrieving her purse from her car, closing the door, and then falling to ground did NOT meet the definition of "accident" as defined in the SABS. Instead the applicant’s fall in this case was considered to be an...
How long has that been leaking?
Ontario’s Court of Appeal recently addressed the issue of “discoverability” in a contractor negligence and public health authority claim. In Presley v. Van Dusen, 2019 ONCA 66, the homeowners retained a contractor to install a septic system in 2010. After the installation was completed and...
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