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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 for CPD Programs

For boardroom and multi-purchase rates, please email us.
OsgoodePD offers group rates for both on site and webcast formats. Please note these are only available when registering for members of the same organization, at the same time, and payment is made with one invoice.

Delivery

After your purchase is complete, the course will appear in the Order History of your OsgoodePD account with a link to "Take Online Course". Once you click "Take Online Course" you will be forwarded to the Moodle page with the materials link. The program video link with be unlocked on the day of the program. You will have access to the video for 60 days.

Program Changes

We will make every effort to present the program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Cancellations, Substitutions and Refunds

Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 14 days prior to the program date. If a cancellation request is made with less than 14 days notice, a $75 administration fee will apply. No other refund is available.

FAQs

Have a question? Read our FAQs.

Technical Support

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

Date Recorded

May 17, 2017

Program Details

Date & Time

June 19, 2017
9:00 a.m. - 1:45 p.m. EDT

Location

Web - Replay

Fee per Delegate

$395 plus HST

Registration for this program is now closed.

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • All litigators

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