
Legal Blog:
Shoulda
At times, people must move quickly or an opportunity will be lost. In lawsuits, this axiom is best illustrated when a claimant fails to commence an action on a timely basis so that the ability to do so is proscribed under the Limitations Act, 2002 (the “New Act”). The basic limitation period has been reduced from 6 to 2 years and many types of action that previously had no limitation period now do. These changes have resulted in a significant increase in actions being challenged. One such challenge occurred in Toronto Standard Condominium Corporation No. 73 v. 1 King West Inc., a 2010 decision of the Ontario Divisional Court.
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Lawyers may be liable to disappointed beneficiaries when the lawyers have been dilatory in drafting a will. Do lawyers have a duty of care to an attorney under a power of attorney for property or personal care for drafting the POA improperly? This issue was decided in Barbulov v. Huston 2010 CarswellOnt 3645 (S.C.J.).
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