Legal Blog

Declaration – Limitations

Never Forgotten National Memorial Foundation v. Canada (Parks), 2026 ONCA 489

The plaintiff sued the defendant for damages and declaratory relief regarding the 2016 termination of a memorandum of understanding for a military memorial. The plaintiff conceded that its damages claim was statute-barred but argued that the claim for declaratory relief was exempt from the limitation period. The Court of Appeal agreed with the motion judge that a declaration lacked any real-world effect, meaning it could not be used to bypass the two-year limitation period.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.