Beware of the chain-link limitation expiry

A lawyer phoned to tell me about a limitations matter.  He said that if the case was time-barred, the time expired long before the client retained him.  Then he told me there was a prior lawyer.  I told him to report himself to the Ontario Lawyers’ Professional Insurer, LawPro, just in case.  (Ouch!)

‘Appropriate Means’ ~ Enhancement of Discoverability in Ontario Limitations Law

Limitations Act, 2002, came into force, do parties and their lawyers avail themselves of the phrase “appropriate means” in s. 5, to toll the operation limitation periods?  The time has come for all lawyers, junior and senior, to be aware of these words as an enhancement of the discoverability principle. Lawyers called to the Bar… Read More

Litigation guardians: the limitations minefield

Any time you act for a minor or a mentally incapable person in litigation, or in other legal matters, you will be appointing a litigation guardian.  Next comes the tricky part, from a limitations perspective. Acting for litigation guardians is fraught with peril.  Suddenly, the incapacitated personal injury victim or minor, usually incapable of appreciating… Read More

Walking through the New Errors and Omissions Minefield in Medical Malpractice Litigation

Click on the link to read my article, “Walking through the New Errors and Omissions Minefield in Medical Malpractice Litigation,” The Advocates’ Quarterly, Vol. 22, 1999 22AdvocQ217.  Good to see the principles from the old 1-year limitation period remain relevant. Terms of use / Mentions légales