If a trial judge
1. quotes a summary of the law, as set out by the SCC, that’s more than 5 years out of date and is no longer correct, according to the SCC – ignoring whether that summary is accurate in the first place – probably because he or she has taken it from a now “overtaken” appellate decision of the judge’s appellate court;
if the B.C. Court of Appeal is prepared to listen to the views of the Ontario Court of Appeal on the meaning of Clements v. Clements, 2012 SCC 32, on this issue, assuming the Supreme Court of Canada doesn’t comment on this issue in its Ediger reasons (appeal argued December 4, 2012, judgment reserved), whenever they’re released. See Goodman v. Viljoen, 2012 ONCA 896 at paras. 70-76. The text of the paragraphs is quoted later in this posting.
(updated Jan 9/13: added CanLII citation and the last 2 sentences above)
[first posted on Slaw, Nov 2, 2012]
When jurisdictions enact new legislation governing limitation periods for causes of action, the legislation will deal with the transition between the old regime and the new. Transition provisions are needed because incidents alleged to create causes of action may have occurred while the old legislation was in force but the action was not commenced until after the new legislation took effect.
Duchesne v. St-Denis, 2012 ONCA 699 is such a case.
It is an important case for Ontario lawyers on the interpretation of Ontario’s the Limitations Act, 2002, particular where the injured person was under the age of majority when the injury occurred. It may also be relevant to other Canadian jurisdictions which have equivalent legislation.