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Civil Litigation

The March 20th Order Suspending Limitations Periods

civil-litigation

On March 20, 2020, the provincial government, through the Lieutenant Governor in Council, made an order under s. 7.1 of the Emergency Management and Civil Protection Act suspending limitation periods and procedural time periods (Order). The suspension is retroactive to March 16, 2020. The Order applies to limitation periods and procedural deadlines that are established… Read More »

Categories: Civil Litigation

Download our updated Limitations Period Resources

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Missing a limitation period is a lawyer’s nightmare. Although most claims are subject to the 2 year limitation period set out in the Limitations Act, 2002, there are over 40 statutes that impose limitation periods in Ontario. LAWPRO has developed several resources to help lawyers navigate Ontario’s limitations periods and notice periods. The Limitations and… Read More »

Categories: Civil Litigation, Limitations Claims

Tips for navigating the new Simplified Procedure

civil-litigation

Significant changes to the Superior Court Simplified Procedure came into effect on January 1, 2020. Budget Bill 2019 amended section 108 of the Courts of Justice Act to eliminate trials by jury under the Simplified Procedure. Regulatory changes filed October 23, 2019 unveiled significant further changes to the Simplified Procedure as prescribed by Rule 76… Read More »

Categories: Civil Litigation

Update: Upcoming Changes to the Construction Act

In the year since its enactment, Ontario’s new Construction Act has already made a noted impact on the practice of construction law in the province. The amendments to the previous Construction Lien Act (“CLA”) were to be implemented in two phases: Phase 1, the modernization provisions, effective July 1, 2018; and Phase 2, prompt payment… Read More »

Categories: Real Estate, Civil Litigation

Common Limitation Period Pitfalls and How to Avoid Them

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It is one of a lawyer’s worst nightmares: missing a limitation period. It can be a very easy mistake to make and yet the consequences can be enormous. There are numerous “pitfalls” that can lead to missed limitation periods and other limitation period problems. Some of these pitfalls are relatively easy to avoid whereas others… Read More »

Categories: Biggest Claims Risks, Civil Litigation, Limitations Claims

New amendments to the Ontario Rules of Civil Procedure: What to know

civil-litigation

On January 1, 2019, several new amendments to the Ontario Rules of Civil Procedure came into force. The following changes are particularly notable: 1) New deadlines for supplementary expert reports New deadlines are now in effect for the service of supplementary expert reports and responding supplementary expert reports (pursuant to Subrule 53.03 (3), as amended)…. Read More »

Categories: Civil Litigation
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