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If you miss a limitation period, you will likely be faced with a lawsuit. Don't become another LawPRO statistic. Mastering the less obvious aspects of Ontario's limitations laws will pay you dividends again and again!

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

Plus! Small group breakout sessions- You will have the chance to analyze various limitations problems under the watchful eye of an expert faculty member. You will work though:

  • A general civil litigation limitations problem
  • Choose one of three different limitations problems drawn from tort, contract, or equity

Faculty

Program Chair

  • Daniel Zacks, Zacks Law

Faculty

  • Simon C. Bieber, Adair Goldblatt Bieber LLP
  • Angela Casey, Casey & Moss LLP
  • Ronald D. Davis, Fogler, Rubinoff LLP
  • Matthew D. Furrow, Goddard Gamage LLP
  • Stephanie Giannandrea, Martha McCarthy and Company LLP
  • Robert Macdonald Fogler, Rubinoff LLP
  • Angelique Moss, Casey & Moss LLP
  • Jordan Nichols, Unit Director & Counsel, LawPRO
  • Debra E. Rolph, Research Director, Claims, LawPRO
  • Case Management Master Donald E. Short, Superior Court of Justice of Ontario
  • Daniel Zacks, Zacks Law

Group Discounts and Financial Assistance

For boardroom and multi-purchase rates, please email us.
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.  For financial assistance, please email financialaid-opd@osgoode.yorku.ca

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 90 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

March 20, 2019

Program Details

Date & Time

April 24, 2019

Location

Web - Online Replay

Fee per Delegate

$395 + HST

Register Now

Eligible CPD Credit Hours

Questions?

Who Should Attend

  • All litigators

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Accredited By

LawPRO

“Excellent…variety and quality of speakers…the program was clearly well thought out and well organized…engaging and relevant to my practice.”

Cara Zacks, Litigation and Dispute Resolution Group, McMillian LLP

 

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