The Law of Limitations, 4th Edition provides an essential update on the law of limitations in Canada since the previous edition was published in 2016. Readers will benefit from a review of the legislative and common law developments in this fundamental area and will glean insight into the crucial question that litigators representing clients in a range of legal conflicts face on a regular basis: when is it too late to file a suit?
In this comprehensive treatise, The Honourable Mr. Justice Graeme Mew, Debra Rolph and Daniel Zacks offer expert commentary that begins with the general legal principles and history underlying time limitations in all jurisdictions across Canada, as well as an outline of the historical pressures that shaped this important legal area. The authors then shift the focus to an analysis of limitation periods specific to personal actions, actions involving real property and the limitations associated with specific parties such as proceedings by and against the government. Finally, they explore the impact of The Charter of Rights and Freedoms, and in particular, how the section 15 equality guarantee has affected the application of limitation periods for different classes of litigants.
Features of This Book
- Timely updates: Readers will become familiar with the latest developments in limitation periods that could affect their action or help force a quick resolution of a matter
- Multi-jurisdictional approach: This book provides national treatment of the law of limitations, allowing practitioners conducting actions in common law jurisdictions other than their home province to stay abreast of the unique limitations regimes across Canada
- Concise format: The 4th Edition provides a comprehensive treatment of the subject matter while remaining efficient, well-organized and portable for use both inside and outside the courtroom
- Exhaustive content: This volume includes exclusive unreported cases
What’s New In This Edition
Rely on The Law of Limitations, 4th Edition for the most up-to-date and relevant information, including:
- Significant changes to the Ontario Limitations Act, including amendments to sexual assault charge provisions
- An examination of new case law throughout Canada that must be considered when interpreting existing legislation
- Completely new limitations legislation in Manitoba
Who Should Read This Book
- Civil litigators, including lawyers specializing in family, corporate, commercial, employment, human rights and personal injury law, as well as in-house counsel: Knowing and observing the relevant limitation periods are critical for litigators seeking to initiate, sustain or invalidate a claim
- Paralegals: Limitation periods apply in the areas in which paralegals are empowered to act, including small claims court, administrative hearings and provincial offences issues
- Government, including judges, court libraries and government lawyers: Judges often need to adjudicate on an issue related to limitation periods and government lawyers must be well-versed in the limitations that apply in various situations
- Academic institutions, including law school and association libraries: Patrons of the library doing research and seeking an up-to-date and definitive treatment on the subject of limitation periods will appreciate this text
The Honourable Mr. Justice Graeme Mew, B.A. (Hons.), LL.B. holds law degrees from Kingston University in England and from the University of Windsor. He was called to the Bar of England & Wales by the Honourable Society of the Middle Temple in 1982, to the Bar of Ontario in 1987 and to the Bar of British Columbia in 2010. Prior to his appointment as a judge of the Superior Court of Justice (Ontario) in December 2013, he was a senior equity partner at Clyde & Co LLP in Toronto and a member of chambers at Four New Square in Lincoln’s Inn, London. Many of his extra-curricular activities have a sporting connection. He served as an appeals officer at four successive Rugby World Cups and was a member of the ad hoc panels of the Court of Arbitration for Sport at the Commonwealth Games in New Delhi in 2010 and the London Olympic Games in 2012. He is a Bencher of the Honourable Society of the Middle Temple and a Sessional Instructor in law at Queen’s University in Kingston, Ontario.
Debra Rolph, B.A. (Hons.), LL.B. was for many years Director of Research, Claims at the Lawyers’ Professional Indemnity Company, the primary insurer for Ontario’s lawyers. In that capacity, she gained considerable experience with the law of limitations, as well as topics directly relating to defending legal malpractice actions, for instance, standard of care owed to clients, duty to non-clients, fiduciary duties, and assessment of damages in these cases. She was also assisted LawPRO employees and LawPRO counsel with questions relating to real estate law, family law, insurance law tort law, equity and restitution, and wills and estates. She has written papers for the ,em>Advocates' Quarterly, the Ontario Bar Association, the Canadian Bar Association, the Law Society’s CLE Programmes, and The Lawyers’ Weekly. She also wrote articles and case commentaries for LAWPRO Magazine and Webzine. Debra is a contributing editor to The Law of Limitations and the Limitation title in Halsbury’s Laws of Canada.
Daniel Zacks, B.A., LL.B., holds a law degree from the University of New Brunswick. He was called to the Bar of Ontario in 2009. He is the principal of Zacks Law where he litigates lawyers’ professional negligence, commercial, and insurance coverage disputes. He writes and speaks extensively on limitations issues.