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A convoluted and time consuming area of your litigation practice, it’s also one of the most dangerous. If you miss a limitation period, you will likely be faced with a lawsuit. Don’t become another LawPRO statistic.

The Limitations Act isn’t getting any less complicated or easier to digest. When faced with a limitations issue, it’s crucial that you get it right. Unlike some other areas of law, there are no second chances – limitation periods are often black and white. You need to meet your limitation periods, every time – your clients, and your professional reputation, depends on it.

This program will provide a comprehensive overview of the Ontario limitations scheme and the necessary tools to understand and analyze even the most complex limitation issues. Using a case-study approach, participants will apply the tools they’ve learned in small group sessions.

You will learn:

  • Discoverability- when does the clock start to run?
    • Unpacking the section 5 discovery provisions
  • When the clock stops
    • Agreements to vary the limitation period
    • The function and requirements of a tolling agreement
    • When the plaintiff is a minor or without capacity
    • When the parties attempt resolution
    • When the defendant acknowledges liability
  • Procedural considerations
    • Pleading and replying to limitations defences
    • Motions to dismiss an action as time-barred
    • Discovery considerations
  • The Real Property Limitations Act, and the running of time for real property claims
  • The various ways in which you can miss a limitation period, including adding a new defendant, crossclaims, and third party claims
  • How to avoid missing a limitation period, including tickler systems and other ways to guard against inadvertence
  • A step-by-step guide to a limitations analysis

Faculty

Chair

  • Daniel Zacks, Clyde & Co.

Faculty

  • Ian Hu, Counsel, Claims Prevention and practicePRO at LAWPRO
  • The Hon. Justice Graeme Mew, Superior Court of Justice
  • Jordan Nichols, Claims Counsel, LawPRO
  • William E. Pepall, Lerners LLP
  • James Renihan, Lax O’Sullivan Lisus Gottlieb LLP
  • Debra E. Rolph, Research Director, Claims (LawPRO)
  • William Scott, Brown and Partners LLP

Agenda

Group Discounts

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.

FAQs

Have a question? Read our FAQs.

Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - On Demand

Date Recorded
May 17, 2017
Running Time

4:38:30

Fee per Delegate

$395 plus HST

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Eligible CPD Credit Hours

Questions?

Who Should Attend

  • All litigators

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CPD/MCLE

Each jurisdiction has its own guidelines for CPD credit for online/archived programming. Click here to learn what credit may be claimed.

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