But presumably the tort continued until he stopped using edstelmach.ca (and thereby stopped misappropriating Ed's personality)? The limitations period may have not yet expired.
And if you're worried, Dave, a $10 search at the courthouse will tell you whether there are any un-served claims filed against you.
Now that I think of it, the limitation period may have expired if the "injury" was economic loss and the economic loss had stopped, even though Dave retained edstelmach.ca. But interpretation of the Limitations Act will be left as an exercise for the reader.
Dave Cournoyer began blogging in 2005 while studying Political Science at the University of Alberta in Edmonton. In 2006, he was elected Vice-President (External) his Students’ Union and served as Chair of the Council of Alberta University Students until 2007. Since then, he has worked as Communication Coordinator for Alberta’s official opposition party and for various advocacy and public policy groups. As well as writing on this blog, Dave also occasionally writes for publications such as SEE Magazine.
But presumably the tort continued until he stopped using edstelmach.ca (and thereby stopped misappropriating Ed's personality)? The limitations period may have not yet expired.
ReplyDeleteAnd if you're worried, Dave, a $10 search at the courthouse will tell you whether there are any un-served claims filed against you.
Also:
http://ualbertalaw.typepad.com/alr_supplement/2008/11/edstelmachca-an.html
Now that I think of it, the limitation period may have expired if the "injury" was economic loss and the economic loss had stopped, even though Dave retained edstelmach.ca. But interpretation of the Limitations Act will be left as an exercise for the reader.
ReplyDeleteBut he was successful in suing you, he raised your tuition fees did he not ?
ReplyDelete