Legal Blog

Limitation – Proceeding Appropriate

Thermal Exchange Service Inc. v. Metropolitan Toronto Condominium Corporation No. 1289 2022 Oct CA

Section 5(1)(a)(iv) of the Limitations Act, 2022 notes that limitation period does not start to run until, having regard to the injury or damages, “a proceeding would be an appropriate means to remedy it.” Appropriate means legally appropriate, not tactically appropriate. Contractor was attempting to be paid for its ongoing work on condo units and condo manager kept saying that she would take care of it, but needed more time because she was busy. This went on for years – until the manager stated for the first time that, if the unit owners did not pay the condo, then the condo would not pay the contractor. The court found that it was only then that it became legally appropriate to bring a proceeding; until then, because of the manager’s statements, the contractor reasonably believed it would be paid once the manager got around to reviewing the invoices.

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