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Courses/Law/Litigation

Draconian Deadlines Civil Litigators Don't Want to Miss

Navigating Critical Deadlines and Limitation Periods in Litigation

Created byToronto Lawyers Association
4.5
(29 reviews)
BeginnerUpdated Jul 1, 2024
Draconian Deadlines Civil Litigators Don't Want to Miss

What You'll Learn

check_circleLearn about key statutory limitation periods, including those under the Limitations Act, and other relevant statutes such as the Construction Liens Act, Libel and Slander Act, and Trustees Act.
check_circleImplement risk management best practices and tools to stay on top of deadlines and limitation periods, including the use of reminder systems and tickler systems.
check_circleLearn what steps to take if a limitation period may have been missed, including obligations to notify clients or insurers, and reporting to LAWPRO.
check_circleDiscuss practical scenarios to apply the knowledge of limitation periods, deadlines, and risk management strategies to avoid common pitfalls in litigation practice.

About This Course

Does the idea of missing deadlines or limitation periods keep you up at night?

Hear from experienced counsel on timelines litigators must be aware of, might not have heard of, and the potential consequences if they are missed – including mandatory disclosure of settlements, and claim or context-specific limitation periods.

Summary of Professionalism Content:

  1. Statutory Limitation Periods & Important Deadlines
  • Limitation periods under statute, particularly the Limitations Act.
  • Other statutory limitation periods that civil litigators might come across (e.g., Construction Liens, Libel and Slander Act, Trustees Act).
  • Situations where a statute may provide you with more time.
  • Where it looks like the applicable statutory period has run out, other factors to consider.

2. Other Sources – Contract and Common Law

  • Situations where litigators need to be on the lookout for other sources of deadlines to commence or provide notice of a claim.
  • Contractual limitation periods: under the Limitations Act, “business contracts” can vary, shorten, or lengthen the limitation period to bring a claim.
  • Practice management: if you’re being retained on a breach of contract claim, get the contract first.
  • The flip side: how contractual provisions in some cases can help you rescue what looks like a statute-barred claim.
  • Aside from limitation periods, the most harsh or Draconian deadline in litigation:
  • Failure to disclose settlements in multi-party litigation.
  • Need to determine whether a settlement “entirely changes” the litigation landscape.
  • Determining what constitutes “immediate” disclosure.

3. Practice Management

  • Risk management best practices or tools to help stay on top of these requirements.
  • What to do if you discover or suspect that an error has occurred (either before you were retained or after) and a limitation period may have been missed.
  • Administrative dismissals.
  • Maintaining reminder or tickler systems.
  • Obligation to notify the client or insurer of errors or omissions.
  • Reporting to LAWPRO.
  • Discussion of scenarios.

Your Instructors

Toronto Lawyers Association
Toronto Lawyers Association

Toronto Lawyers Association

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star2,288 reviews

For more than 135 years, the Toronto Lawyers' Association, located within the Courthouse Library, has represented the interests of lawyers practising in the City of Toronto. The association was founded to support its members in three key areas: Knowledge, Advocacy, and Community. To uphold these pillars, the association offers a year-round mix of online and in-person education programs for lawyers, hosts both free and paid events to foster in-person networking, and submits advocacy pieces on behalf of its members to the Ontario bench and bar, all levels of government, and the broader public.

Jeffrey E. Feiner
Jeffrey E. Feiner

Partner at Corman Feiner LLP

Jeffrey has acted as lead counsel on a number of leading commercial litigation and administrative law matters. His commercial litigation experience is wide-ranging and includes contractual and shareholder disputes, product liability, class actions, franchise and dealer disputes, injunctions and fraud recovery, banking litigation, liability of educational institutions, regulatory offenses, and real property. Jeffrey's recent experience includes successfully advancing and defending shareholder disputes, breach of contract claims, and multi-million-dollar real property litigation. He has represented financial institutions in negligence, fraud, and conversion claims, and Fortune 500 companies in "bet the company" litigation. He has experience in injunction and licensing disputes, subrogated claims, and class actions. Jeffrey helps institutional clients navigate some of the potential pitfalls and reputational risk that can accompany publicized litigation. Jeffrey has significant experience acting for physicians in a wide range of litigation and regulatory matters, including trials and discipline proceedings at the College of Physicians and Surgeons of Ontario. He assists physicians with complaints, hospital privileges disputes, quality of care reviews, inquests, administrative appeals, investigations, peer assessments, and appearances before the Quality Assurance Committee. Jeffrey has acted for and advised other professionals and regulators. Prior to co-founding Corman Feiner LLP, Jeffrey was counsel in McCarthy Tétrault’s Litigation Group.

Ivan Merrow
Ivan Merrow

Litigator at McCarthy Tétrault

Ivan is a litigator, problem solver and trusted advisor. Cutting through legal complexity, he delivers pragmatic advice in times of conflict. Clients appreciate Ivan’s ability to understand their business, distill complex issues into understandable and impactful advice, and follow through with decisive action. During the course of his active litigation practice, Ivan has represented organizations and individuals before all levels of court in Ontario and in arbitration. His industry-focused practice resolves complex disputes in the sectors that drive Canada’s economic development, including power, mining, construction, real estate, technology and infrastructure. Clients value Ivan’s ability to rehabilitate distressed projects and recover when disaster strikes. Whatever issues cannot be resolved through negotiation, he litigates – either through the courts or specialized tribunals. Recent representative mandates include: (a) the successful arbitration of a large P3 infrastructure dispute for a manufacturer and supplier of light rail vehicles; (b) the resolution of a heavy industry subcontractor dispute on a northern Ontario hydroelectric project by way of mediation / arbitration (med/arb); (c) trial judgment in a real estate transaction dispute involving breach of trust and breach of fiduciary duty; (d) successful dismissal of twin actions alleging breach of contract failing to disclose a reasonable cause of action; and (e) counsel for other lawyers respecting alleged professional negligence. Ivan is committed to each client’s cause. By taking an entrepreneurial, creative and problem-solving approach to his practice, Ivan is able to stay on top of industry trends, offer a leading-edge perspective on his clients’ issues, and provide tailored solutions. He takes a passionate and engaged approach to his clients’ businesses, understands big picture strategy, and gives advice that empowers his clients’ definition of success. In addition to offering exceptional service on legal matters, Ivan shares with his clients a deep interest in future-focused, innovative, and project-related domains such as city building, urban design, PropTech, architecture, and the marriage of technology and infrastructure. Ivan has consistently demonstrated leadership in the legal profession. He currently serves as an executive member of the Ontario Bar Association’s Construction and Infrastructure Section and a board member of the Society of Construction Law North America.

Michelle Stephenson
Michelle Stephenson

Litigation Associate at Corman Feiner LLP

Michelle Stephenson is a civil litigator based in Toronto with a broad range of legal experience. Her particular focus is on contract disputes, employment law, defamation, and other intentional torts. Prior to joining Corman Feiner LLP, Michelle completed a clerkship at the Superior Court of Justice and worked as a staff lawyer for the Ontario Court of Appeal. She obtained her law degree from Queen's University and was called to the Ontario bar in 2016. With her experience working on complex legal matters, Michelle is well-equipped to navigate challenging cases. She has a reputation for providing excellent legal representation to her clients and has established herself as a reliable and dedicated litigator. Michelle is always looking to improve her skills and knowledge in the legal field and welcomes new challenges to help her grow as a professional. Her expertise and work ethic make her an asset to any legal team.

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What Students Are Saying

4.5
Student's Choice
29 reviews

Frequently Asked Questions

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