Page 20 - Limitations Act News Today : Breaking News, Live Updates & Top Stories | Vimarsana

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 the band’s permission. While the matter is still at the pleadings stage, the move highlights the ...

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 fraudulent misrepresentation the act or omission that must have been discovered is a misrepresentation...

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 defe...

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 such nature can be brought before court. In her ruling, High Court Judge Catherine Lombe Phiri said it...

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 Subway's chicken sandwiches only contained 50% of actual chicken. Both decisions dealt with Anti-SLAPP provisions in s.137.1 of the Courts of Justice Act, which were recently considered by t...