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In
Kaynes v. BP p.l.c.
1, the Ontario Court
of Appeal clarified when a claim for fraudulent misrepresentation
is discoverable under the Ontario
Limitations Act,
2002. The Court also confirmed the circumstances in which
a limitations defence may be decided through a rule 21 motion. This
decision is the latest in a series that has stood in the way of
this action being litigated in Ontario.
What you need to know
The limitation period in a fraudulent
misrepresentation claim only starts when the fraudulent nature of a
misrepresentation is discoverable.
Courts will permit a limitation
period defence to be considered under a rule 21 motion to determine
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Although building a house can take much planning and hard work
in securing a developer, labour and material, it is meant to be a
joyous exercise which ultimately culminates in the creation of
living space that is expected to meet a homeowner's dreams
and desires. But not all home building projects turn out as planned
and some times, like in the recent Alberta case of
Zerbin v.
Vrbanek, 2020 ABQB 797, they end up in court with allegations
being made by both sides to the dispute regarding the failure to