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Limitation Periods Canada

Blake, Cassels & Graydon LLP

Actions relatives à l’environnement : Décision de la Cour d’appel de l’Alberta sur la prorogation des délais de prescription

Le 21 février 2024, la Cour d’appel de l’Alberta (la « CAA ») a rendu sa décision dans l’affaire Paramount Resources Ltd. v. Grey Owl Engineering Ltd., laquelle constitue la plus récente décision sur l’application possible de...more

Blake, Cassels & Graydon LLP

When to Extend the Limitation Period in Environmental Claims: Alberta Court of Appeal Issues Its Latest Ruling

The Alberta Court of Appeal issued its decision in Paramount Resources Ltd. v. Grey Owl Engineering Ltd. on February 21, 2024. This decision represents the latest pronouncement on the potential application of section 218 of...more

Bennett Jones LLP

Alberta Court Declines to Extend Limitation Period for Contamination Claim

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Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) is not available to extend the limitation period for a party liable for remediation costs to make claims against other alleged...more

Blake, Cassels & Graydon LLP

La Cour suprême du Canada se prononce à l’unanimité sur la prescription et la possibilité de découvrir des dommages

Dans l’arrêt Grant Thornton LLP c. Nouveau-Brunswick, la Cour suprême du Canada (la « CSC ») a statué à l’unanimité que le délai de prescription commence à courir lorsque les faits à l’origine d’une réclamation sont...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Addresses Limitation Periods and Discoverability in Unanimous Decision

In Grant Thornton LLP v. New Brunswick, the Supreme Court of Canada (SCC) unanimously held that a claim is discovered – and the limitation period begins to run – when the plaintiff knows, or ought to know, the material facts...more

Dickinson Wright

Discoverability and Fraudulent Misrepresentation

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The date a limitation period begins depends on when the claim was discovered. The recent decision of the Ontario Court of Appeal in Kaynes v. BP, PLC clarifies the law of discoverability under the Limitations Act, 2002, S.O....more

Smart & Biggar

Federal Court holds section 8.2 of the PMNOC Regulations does not impose a limitation period

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On December 22, 2020, the Federal Court issued its decision holding that section 8.2 of the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) does not impose a limitation period either the same as or...more

Dickinson Wright

Limitation Periods

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Given the ongoing pandemic, many purchasers are unable to pay their vendors for products they received. Many vendors have tried their best to accommodate these purchasers by delaying payment dates or entering into payment...more

Blake, Cassels & Graydon LLP

Alberta Suspends the Running of Limitations Periods and Procedural Timelines

Alberta’s Minister of Justice and Solicitor General recently issued Ministerial Order 27/2020 (Order), which suspends the operation of limitations periods and procedural rules in Alberta. The Order was issued pursuant to the...more

Bennett Jones LLP

COVID-19: How the Suspension of Court Operations is Affecting Civil Litigation

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Courts across Canada are limiting hearings due to the rapidly evolving novel COVID-19 outbreak. Courts in each jurisdiction are responding differently and implementing measures that are affecting existing and contemplated...more

Blake, Cassels & Graydon LLP

Pensions Newsletter – October 2019

Welcome to the 25th issue of the Blakes Pensions Newsletter. This newsletter provides a summary of recent jurisprudential developments that affect pensions and benefits and is not intended to be legal advice....more

Bennett Jones LLP

Limitation Period for Damages Claims under Personal Information Protection Act (Alberta)

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The Alberta Court of Appeal in Moore’s Industrial Service Ltd. v Kugler, 2019 ABCA 178 has confirmed that the limitation period under the Limitations Act (Alberta) applicable to a claim for damages under section 60 of the...more

Bennett Jones LLP

When Is It Too Late to Sue for Environmental Contamination? The ABCA Rules

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On February 6, 2019, the Alberta Court of Appeal (ABCA) released its first ever decision on section 218 of the Environmental Protection and Enhancement Act (EPEA), which may extend limitation periods applicable to...more

Bennett Jones LLP

Limitation Law and the Enforcement of Credit and Security Agreements

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In June 2018, we wrote on the British Columbia Court of Appeal decision in Leatherman v 0969708 BC Ltd, 2018 BCCA 33, where the court considered sections 14 and 15 of the "new" Limitation Act, SBC 2012, c. 13 in the context...more

Bennett Jones LLP

To Demand or Not Demand, That is Not the Only Question

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Recently, the British Columbia Court of Appeal held that the two-year limitation period to enforce mortgage security ran from the first date of a default entitling the mortgagee to realize a security, not from the date of a...more

Blake, Cassels & Graydon LLP

Lottery Winner Loan Case Sets Precedent, B.C. Court Reforms Centuries-Old Consideration Doctrine

In its May 18, 2018 decision, Rosas v. Toca (Rosas), the British Columbia Court of Appeal (Court of Appeal) permitted a contract to be varied without the exchange of fresh consideration. If adopted more broadly, Rosas may...more

Bennett Jones LLP

Changes to Limitation Periods on Sexual and Domestic Violence Cases

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In the growing wake of the #MeToo movement, the Alberta government, consistent with other jurisdictions in Canada, has removed the traditional two-year limitation period applicable to sexual or domestic violence cases....more

Bennett Jones LLP

5 Business Cases to Watch in the Supreme Court’s Winter Session

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With the beginning of the Supreme Court of Canada’s Winter Session on January 8, the Supreme Court of Canada entered a new era following the retirement of former Chief Justice Beverly McLachlin and the appointment of Chief...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Confirms That Online Newspapers Are Still “Newspapers”

On July 7, 2017, in John v. Ballingall, the Court of Appeal for Ontario (Court) confirmed that an online newspaper is a “newspaper” within the meaning of the Ontario Libel and Slander Act (LSA), attracting the same libel...more

Smart & Biggar

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld

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The Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the validity of AstraZeneca’s Patent No. 1,292,693. The patent covered AstraZeneca’s successful product, LOSEC, for...more

Bennett Jones LLP

The Bri-Chem Trilogy: Federal Court Affirms Tribunal

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On November 16, 2015, we described important substantive and procedural issues that would be addressed by the Federal Court of Appeal (FCA) in an appeal from a decision of the Canadian International Trade Tribunal (CITT)....more

Bennett Jones LLP

Polluter Still Pays: BC Court of Appeal Upholds Award of Damages Against Historical Polluter

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The British Columbia Court of Appeal upheld a lower court decision ordering ICI Canada Inc. (now PPG Architectural Coatings Canada Ltd) to pay $4.75 million in remediation costs following a trial which enforced the “polluter...more

Mintz - Securities Litigation Viewpoints

CIBC v. Green: The Supreme Court of Canada Clarifies Key Provisions of the Ontario Securities Act and the Ontario Class...

A recent decision by the Supreme Court of Canada offers both clarity and further questions on the timing of secondary market misrepresentation claims brought under the Ontario Securities Act (the “Securities Act”). While we...more

Bennett Jones LLP

Breathing Room: The Alberta Court of Appeal Addresses the New Limitation Period for Third-Party Claims

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The limitation period for a defendant seeking contribution from a third party has changed. In last month's Alberta Court of Appeal decision of Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015...more

Bennett Jones LLP

Change in Limitation Period Law Significant for Construction Projects

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In Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015 ABCA 252 (Whitecourt Power), the Alberta Court of Appeal interpreted a recent amendment to the Limitations Act that changed the limitation...more

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