In
Kaynes v. BP p.l.c.
1, the Ontario Court
of Appeal clarified when a claim for fraudulent misrepresentation
is discoverable under the Ontario
Limitations Act,
2002. The Court also confirmed the circumstances in which
a limitations defence may be decided through a rule 21 motion. This
decision is the latest in a series that has stood in the way of
this action being litigated in Ontario.
What you need to know
The limitation period in a fraudulent
misrepresentation claim only starts when the fraudulent nature of a
misrepresentation is discoverable.
Courts will permit a limitation
period defence to be considered under a rule 21 motion to determine
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What do the Yangebup Progress Association s Carols
by Candlelight, the City of Kalgoorlie-Boulder, and customers of
builders, settlement agents, and car ya
rds across
WA all have in common? They have all been the victims of fraud
known as a man-in-the-middle or business email
compromise scam.
Reports are that online scams have increased during the COVID
period, with more people transacting online than ever before.
WHAT IS IT?
Imagine you are corresponding with a supplier by email. One day
your supplier sends you an email asking you to pay your account
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A member of parliament has renewed calls for an inquiry into NSW
Premier Gladys Berejiklian s office after a report found
evidence of documents being shredded relating to a $250 million
grants scheme.
The State Archives and Records Authority report determined that
the Premier s office broke the law by shredding the
documents.
However, the Authority has revealed that they will not be taking
any action, leading to outcry from many.
One of these people is Greens MP David Shoebridge who has
renewed his calls for an inquiry into the alleged grants
Good afternoon.
This past week, the Court of Appeal for Ontario provided us with
several substantive and interesting civil decisions.
The Court of Appeal released two related decisions in
Subway
Franchise Systems of Canada, Inc. v. Canadian Broadcasting
Corporation. Subway sued the CBC and Trent University, which
conducted DNA testing for the CBC, after the CBC broadcasted a
widley publicized story that Subway s chicken sandwiches only
contained 50% of actual chicken. Both decisions dealt with
Anti-SLAPP provisions in s.137.1 of the
Courts of Justice
Act, which were recently considered by the Supreme Court of
Canada companion decisions in
1704604 Ontario Ltd. v. Pointes
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources.