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Oct 17, 2013
A&B Wins at Court of Appeal
A&B lawyers John Harild and Courtney Raphael, with assistance from Angela Swan and Piper Morley, successfully represented the Regional Municipality of Durham in the Court of Appeal in an $8.9 million dispute involving the transfer of responsibility for public transit from a local municipality to a regional municipality. At issue before the Court of Appeal was whether the Region’s claim against the City of Oshawa was barred by reason of the two-year limitation period in the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
The Court of Appeal upheld the decision of the motions judge, Justice Wilson, in finding the claim was not barred and dismissed Oshawa’s appeal. The motion and appeal raised interesting and novel issues regarding the application of the discoverability principles within the municipal context.