A new Limitation Act came into force in B.C. on June 1st, 2013. The Limitation Act, SBC 2012, c 13 (the “New Act”) is intended to simplify the process for civil claims and bring B.C.’s limitation periods in line with the...more
In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more
Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not...more
Section 278 of the Delaware General Corporation in effect limits suits against dissolved corporations to a period of three years from dissolution. In contrast, Section 2010 of the California Corporations Code sets no time...more
On February 6, 2013, the Court of Appeal for Ontario agreed to review its much discussed decision in Sharma v. Timminco Limited (2012 ONCA 107). Background - Timminco concerned a proposed class action in which...more
In This Presentation: - Motor Vehicle Accident Legislation - Tort Claims - Pecuniary Loss - Non-Pecuniary Losses - Threshold - Limitations - Statutory Accident...more
The Court of Appeal for Ontario announced this week that it will convene a special five-judge panel to hear appeals considering the statutory limitation period applicable to securities class actions for secondary market...more
The government of B.C. recently passed legislation that will eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more
Looking Forward - 2012 was an active year for class actions in Ontario. Bennett Jones has been involved in some of 2012’s leading cases, including the putative class proceedings commenced in Trustees of the Labourers’...more
This is the second of a two-part series on defences to claims for compensation based on sexual assault. This second part deals with what I call “technical-legal” defences. These are defences that operate irrespective of...more
One of the important features of the new Limitations Act, 2002 which came into force on January 1, 2004 was a provision that seemed to bring an end to the so called “special circumstances doctrine”. The special circumstances...more
The Construction Lien Act has very rigid timelines within which a contractor, subcontractor or supplier can register a construction lien for outstanding payments for work performed or materials supplied on a construction...more
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