What is the reasonable length of time between the making of an agreement and the trespasses complained of?
Ontario, Canada
The following excerpt is from Beatty v. Mathewson, 1907 CanLII 24 (ON CA):
In Dolan v. Baker four years was held to be reasonable. Here an interval of over twenty years occurred between the making of the agreement and the trespasses complained of, a lapse of much more than a reasonable time, unless the term had been extended either expressly or by the conduct of the plaintiff. There was no express extension, and none can, in my opinion, be implied upon the evidence. The defendants do not pretend to have been misled, or to have done otherwise than depend solely upon what they conceived to be their rights under the agreement.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
What is the difference between making no representation and making a set of representations that reasonably lead or calculated to mislead the recipient? (Ontario, Canada)
When a motion judge approved the sale agreement and technology license agreement and approval of the sale and sale agreement, what analysis applied? (Ontario, Canada)
Does the minutes of settlement constitute the underlying agreement or the agreement giving rise to the consent judgment? (Ontario, Canada)
In the event that parties cannot reach an agreement with respect to the payment of the costs of motions, can they make brief written submissions to me? (Ontario, Canada)
Does the allegation that the complainant went upstairs to shower, as a preparation for sexual relations, was not put to the complainant in cross-examination? (Ontario, Canada)
What is the effect of the parties’ agreement on the division of net family property pursuant to the terms of the agreement? (Ontario, Canada)
Can a union local commence an action for declarations that certain employment agreements and escrow agreements are void? (Ontario, Canada)
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds? (Ontario, Canada)
What is the test for overturning a reasonable custodial access agreement? (Ontario, Canada)
