Legal Blog

Limitations Act

Lauesen v. Silverman 2016 Ont CA

The plaintiff was unhappy with the settlement from the moment of the settlement and felt she had received too little. Ultimately, she claimed that her lawyer negligently advised her to enter into the settlement agreement, but that she did not know that there was negligence until her new lawyer obtained an expert report indicating that there was catastrophic impairment. The court held that the limitation period ran not from the settlement date, even though the plaintiff thought that she received too little, but from the date that she realised that her lawyer could have negligently advised her. Although she felt she had received too little at the time of the settlement, she had no basis to believe that her lawyer had advised her incorrectly at that time.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.