Tagged solicitor negligence

‘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 of Ontario prior to 2004 were happy, in some respects, to be rid of the arcane language of the old Limitations Act, R.S.O. 1990, c. L.15.  For over a decade, the battlegrounds were staged in the judicial interpretations of “accrued” causes of action, “discoverability” principles, and…

No ‘unbundling’ of negligence

The hitherto unrepresented litigant has made an appointment to see you. (la version française suit) Under his arm, he clutches a big stack of papers, out of which he hands you a motion record for summary judgment delivered at his post office box.  The hearing is scheduled for the day after tomorrow, and he presents you with a cheque for $5,000.  You will obtain an adjournment of the motion and eventually you will employ your skills as a lawyer and persuade the court there are reasons why the matter needs to proceed to trial.  When you have achieved this victory…