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Following are summaries of this week’s civil decisions of the Court of Appeal of Ontario.
The most significant decision of the week was easily Mega International Commercial Bank (Canada). In that case, the Court confirmed that the limitation period to bring claims for contribution and indemnity are not hard-capped at two years from the date a defendant was served with the plaintiff’s claim. Rather, section 18 of the Limitations Act, 2002 only creates a rebuttable presumption. The discoverability test set out in section 5 still applies, and if met, can extend the limitation period for bringing claims for contribution and indemnity.
Other topics covered this week included another decision in the residential schools class action, damages for breach of a fixed term personal services contract, breach of a non-solicitation covenant, an unpleasant dispute between neighbours, medical negligence, coverage for a mortgagor under a property insurance policy taken out by a mortgagee, a claim for damage to cargo under a marine insurance policy, leave to appeal and extension of time to appeal.
Wishing all the mothers a Happy Mother’s Day!