Rarotonga, 2010

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(Ontario/Canada)

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Civil and Administrative
Litigation Opinions
for Self-Reppers


TOPICS


Limitations


A. LIMITATIONS GENERALLY

Generally
Civil Procedure of Limitations
Meaning of 'Claim'
Limitations and Charter Remedies
Rolling Limitations Periods
Peremptory Orders
Relief from Forfeiture
Laches in the Role of Limitations

Appeals

Appeals - Standard of Review (SOR)

COVID

Civil Litigation - COVID 2020 Time Limit Suspension Note [March 16, 2020 to September 14, 2020] [#Civil-Litigation]
COVID 2020 Time Limit Suspension Cases

External Resources
LAWPRO Limitations Chart
LAWPRO Common Limitation Period Pitfalls and How to Avoid Them



B. COMMON LAW AND EQUITY

'Special Circumstances'
Nunc Pro Tunc
Fraudulent Concealment
Continuing Tort
Common Law Discoverability



C. LIMITATIONS ACT (ONTARIO)

The limitations law of Ontario underwent a thorough and exhaustive revision about twenty years ago and is now mostly dealt with under the Limitations Act SO 2002 [this is a current version of the Act, not necessarily a 15 March 2020 version]. With those amendments, the general limitation period governing Ontario lawsuits was reduced to two years (from a prior six year limitation).

General

General
Applications
Civil Procedure of the Limitations Act
Contracting Out ('Tolling Agreement') [s.22]
Burden of Proof
Foreign Judgments - Limitations [#ForeignJudgments]

Discoverability

Discoverability (Generally) [s.5] (+) Parties under Disability

Minors [s.6]
Incapable Persons [s.7]

Proxies

Litigation Guardians [s.8]
Successors [s.12]

Extended, Extending and No Limitation Terms

Independent Mediation [s.11]
Acknowledgements [s.13]
Ultimate Limitation Periods [s.15]
No Limitation Periods [s.16] | Part 2

>>>> Query: does Relief from Forfeiture [see "Statutory Forfeitures"] operate on some expired limitation periods [the rudimentary ones]?

Adding Parties

Possible Defendant's Notice [s.14]
Contribution and Indemnity [s.18]
Adding Party [s.21]

Specific Claims

Where Leave Required to Commence Action
Environmental Claims [s.17]
Foreign Judgments
Corporate Oppression
False Arrest and Imprisonment

Miscellaneous

Conflict of Laws [s.23]



D. REAL PROPERTY LIMITATIONS ACT

There is a relatively-antiquated statute called the Real Property Limitations Act, that used to be part of the old Limitations Act.

Real Property Limitations Act | Part 2 | Part 3

RPLA - 'Maximum of arrears of rent or interest recoverable' [s.17]
RPLA - Easements [s.31]
RPLA - "Limitation Where the Subject Interested" [s.4]



E. LIMITATIONS IN OTHER STATUTES

Limitations in Other Ontario Acts (listed in the Limitations Act) [s.19, Schedule]
Other Ontario Administrative Limitations
Federal Limitations


ONTARIO STATUTES

Limitations Act, 2002
Real Property Limitations Act


EDIT NOTES

. when considering /limitations for it's inclusion of stat provisions, think about the same issue for /SPPA, /evidence and more [it's a 'type' of Guide that requires distinct formatting ...] [also, use "(#)" to indicate when provision is quoted in the following link ...] -- and try for an elegant solution

CC0

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Last modified: 13-02-24
By: admin