Civil Litigation
The Dangers of Rule 49 of the Rules of Civil Procedure
Consider the following scenario: You act for a plaintiff in a Superior Court matter. On your client’s instructions, you send the opposing counsel an informal email in which you offer to settle the litigation for $100,000. You do not include an expiry date for the offer. The opposing counsel promptly rejects the offer by email… Read More »
Categories: Civil LitigationSuperior Court of Justice June 25th Notice to the Profession, Litigants, Accused, Media and Members of the Public
On June 25th Chief Justice Morawetz issued a further Notice to the Profession regarding the phased reopening of courtrooms. The Superior Court of Justice continues to hear matters virtually, as set out in the May 13, 2020 Consolidated Notice to the Profession. In addition, the June 25th Notice advises that 56 courtrooms are expected to… Read More »
Categories: Civil LitigationOntario Suspension of Limitation Periods and Procedural Deadlines Extended to September 11, 2020
On March 20, 2020, the provincial government, through the Lieutenant Governor in Council, made O. Reg. 73/20 under s. 7.1 of the Emergency Management and Civil Protection Act (EMCPA) suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020. On June 5th, the provincial government made a further order continuing… Read More »
Categories: Civil Litigation, Limitations ClaimsConsolidated Notice to the Profession Regarding the Operations of the Superior Court of Justice, Effective May 19, 2020
On May 13th, Chief Justice Morawetz issued a Consolidated Notice to the Profession regarding the operations of the Superior Court of Justice, expanding Court operations. The Consolidated Notice is effective May 19, 2020. The Consolidated Notice consolidates previous Court Notices, supersedes notices issued between March 15, 2020 to May 5, 2020, except for the May… Read More »
Categories: Civil Litigation, Criminal LawCivil Matters the Superior Court of Justice Will Hear Effective April 6, 2020
On April 2, 2020, Chief Justice Morawetz issued an updated Notice regarding the operations of the Superior Court of Justice. On March 17th, due to COVID-19 the Court had suspended its operations except for the hearing of “urgent” matters. Starting on April 6th, matters in addition to “urgent” matters will begin to be heard in… Read More »
Categories: Civil LitigationManaging Litigation Matters During COVID-19
In this unprecedented time of change, you and your clients may be experiencing significant disruptions to normal business. As individuals and businesses adopt physical distancing and certain courts and tribunals have suspended all or certain operations, it is important to discuss the fluid situation with clients and develop strategies to adapt where possible. At the… Read More »
Categories: Civil LitigationOntario’s Suspension of Limitations Periods
[Updated April 23, 2020] 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. The suspension is retroactive to March 16, 2020. The Order applies to limitation periods and procedural deadlines… Read More »
Categories: Civil LitigationDownload our updated Limitations Period Resources
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