Givogue v. Burke 2010 ONSC 5075, Released 23 September 2010
Limitation Periods – Amendment of Pleadings
– Deemed Undertaking
The plaintiffs brought a motion to amend their amended statement
of claim in an action that, in ten years, had not yet proceeded to
discoveries. The plaintiffs sought to add a new cause of action
based on the tort of knowingly participating in breach of a
fiduciary duty. The plaintiffs were given 20 days to further amend
the statement of claim to properly plead this cause of action
because the Limitations Act, 2002 did not apply.
Equitable claims were not covered by the old Limitations
Act, but they are now covered by the Limitations Act,
2002. However, the Limitations Act, 2002 did not
apply here because the conditions in the s. 24 transition
provisions were not met. In this case, a proceeding had been
commenced in respect of the claim prior to January 1, 2004.
Accordingly, the old Limitations Act applied, with the
result that there was
