Page 10 - Limitations Act News Today

Synopsis "It is for the creditors to prove that transfer to the trust fund has been done with mala fide intentions. Such transactions are termed as PUFE (Preferential, Undervalued, Fraudulent and Extortionate) transactions. At this juncture it is pertinent to note that the Code provides a look-back period only for PUE transactions and not for fraudulent transactions. For this, we will need to refer to S17 of the Limitation Act." ThinkStock Photos The recent Supreme Court ruling, confirming the...

Article content Council is considering some major debt forgiveness. At next week’s council meeting, the cohort will discuss writing off $3,090,709 in provincial fines, which are deemed uncollectible at this point. We apologize, but this video has failed to load. Try refreshing your browser. City could waive $3M in fines  Back to video Staff is recommending council approve a write-off plan that will wipe fines dating from 2010 to 2014. It will be the third time council has granted the ...

Can a Tenant Stop Paying Rent as a Result Of COVID-19? When the government ordered the closure of all non-essential businesses, tenants quickly turned to their leases to see if the pandemic would qualify as force majeure and discharge them from their rent obligations.  Hengyun International Investment Commerce Inc.  v.  7614 Québec Inc., 2020 QCCS 2251, (" Hengyun") was one of the first Canadian cases to consider force majeure in the context of COVID-19 government-mandated shutdowns. It spa...

Manitoba Liberal Leader Dougald Lamont cites a case of the Mondays for breaking dress code requirements in the legislature on Monday.

Winnipeg Free Press Justice minister doesnt answer questions Last Modified: 7:09 PM CST Monday, Mar. 8, 2021 | Updates Save to Read Later Justice Minister Cameron Friesen wouldnt take questions from reporters about either of the justice bills as ministers customarily do when their legislation is distributed to MLAs. (Mikaela MacKenzie / Winnipeg Free Press files) Manitoba Justice Minister Cameron Friesen has left unanswered questions in the wake of two b...

To embed, copy and paste the code into your website or blog: A battle between two quintessential Canadian brands has finally found its way into court. On February 9, 2021, the Canadian musical group The Tragically Hip filed a Statement of Claim in the Federal Court of Canada against Trillium Beverage Inc. doing business as Mill Street Brewery. At issue is Mill Street Brewery’s use of “100 th Meridian” as the name of a beer and allegedly associating the beer with The Tragically Hip without...

knowingly making the misrepresentations. Under the Limitations Act, 2002, a "claim" is discovered when the person with the claim first knew or ought to have known "that the injury, loss or damage was caused by or contributed to by an act or omission" (among certain other criteria). As a claim necessarily involves a legal remedy, the act or omission that must be discovered is one that will give rise to a legal remedy, i.e., a cause of action. Therefore, the Court reasoned, in the case of a fr...

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 f...

The Lusaka High Court says UPND President Hakainde Hichilema is the rightful owner of kalomos farm number 1924 and has since dismissed with costs the matter in which the opposition leader had been dragged to court for criminal trespass and fraudulent acquisition of the said farm. Mr. Hichilema through his lawyer Marshal Mucheende of M and associates had asked the court to dismiss the matter for being statute barred as it was brought way after the statutory 12 year period in which a matter of su...

Good afternoon. This past week, the Court of Appeal for Ontario provided us with several substantive and interesting civil decisions. The Court of Appeal released two related decisions in Subway Franchise Systems of Canada, Inc. v. Canadian Broadcasting Corporation. Subway sued the CBC and Trent University, which conducted DNA testing for the CBC, after the CBC broadcasted a widley publicized story that Subways chicken sandwiches only contained 50% of actual chicken. Both decisions dealt with ...