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Legal Blog:
Jun
01
2008
Ticket Cases
Are the ticket cases still alive and well? Just in case you forgot your 1st year law school contracts course, the moral of the story in ticket cases is that when given a ticket by a parking lot or a ski hill attendant or signing a contract from, say, a car rental company, never read it. It will only limit liability when you do not want liability to be limited. The latest ticket case is Best v. Deal [2006] O.J. No. 4313 (SCJ).
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01
2008
2nd Chance
Every one deserves a second chance. Or do they? Should a person who misses a limitation period be forgiven, so that an action is not struck? In the pre-2004 era, a plaintiff could claim special circumstances and be given dispensation for the time lapse. Will a plaintiff still be given dispensation under the Limitations Act, 2002? Maybe. In this regard, we discuss two cases: Joseph v. Paramount Canada’s Wonderland (2007), 87 O.R. (3d) 473 (SCJ) and St. Jean v. Cheung [2007] O.J. No. 3562 (SCJ).
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01
2008
Evidence
We keep harping on the concept that facts are paramount in a legal action. The law will set the ground rules, but, without proper facts, a litigant is doomed. In Salna v. Hie, a 2007 decision of the Ontario Superior Court of Justice, the plaintiff learned, the hard way, that without evidence, there are no facts and, without facts, there is no case.
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