Discoverability and Professional Relationships Recently, in Presidential MSH Corporation v. Marr Foster & Co. LLP, 2017 ONCA 325, the Court of Appeal again addressed the discoverability doctrine within the scope of professional relationships. This decision is likely to have significant implications in cases involving professional negligence. The facts of the Presidential MSH Corporation (Presidential) case…
Court of Appeal Releases Important Class Action Decision on Jurisdiction Today, the Court of Appeal released an important decision governing which class actions may properly be brought in Ontario Courts. In Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2016 ONCA 916, the plaintiff, a limited partnership operating in Toronto, brought suit against a…
Real Estate Investors Induced By Misrepresentations In the mid 2000’s, two middle class Toronto residents, Mr. Singh and Mrs. Lee, were each (separately) looking to profit from Toronto’s rising housing market. When each heard about the planned Trump International Hotel and Tower, they decided to visit the sales center to learn more about the project….
E&O Coverage Available to Professional Engineer Where Delay Caused by Negligence Recently, the Court of Appeal ruled that insurance coverage was available to a professional engineer who was liable for delay damages, where that delay was caused by negligence. The facts in Hollowcore Incorporated v. Visocchi, 2016 ONCA 600, were relatively straightforward. Visocchi, a professional…
Discoverability Doctrine Extends Statute of Limitations in Professional Negligence Recently, in Clarke v. Faust, 2016 ONCA 223 the Ontario Court of Appeal was asked to determine whether a claim of professional negligence was statute barred, where it was not brought within two years of the plaintiff having knowledge of the claim. After a thorough analysis,…
