Daniela Corapi wins precedent setting decision

Loosptra Nixon litigator, Daniela Corapi, representing the Township of King, was successful in two summary judgment motions, brought in two related actions, on the basis that both actions were statute barred pursuant to the Limitations Act.

In an effort to trump such motions, the Plaintiffs in one action responded by bringing their own motion to amend their statement of claim to add the Township of King as a Defendant on the basis that the Trustee Act applies, rather than the Limitation Act. In alleging that the Trustee Act would permit an amendment after the expiry of the limitation period, the Plaintiffs sought to rely on the doctrine of special circumstances as such doctrine has not been excluded by the Trustee Act.

In a precedent setting decision, the court clarified the law surrounding the applicability of the doctrine of special circumstances, concluding that the doctrine is not applicable to the facts of this case, thereby resulting in a three win decision for the Township.

The court held that the doctrine of special circumstances is an extraordinary one and has been entirely excluded by the Limitations Act. While the doctrine survives in other statutes, such as the Trustee Act, that “does not suggest that it is to be applied as a matter of course” as “parties are entitled to rely on limitation periods and it is only in exceptional circumstances that that expectation should be disturbed”.