Legal Blog

Limitations

1702108 Ontario Inc. v. 3283313 Canada Inc., 2016 Ont CA

Section 13(1) of the Limitations Act, 2002 re-starts a limitation period when “a person acknowledges liability in respect of a claim for payment of a liquidated sum…”. The acknowledgement must be clear and unequivocal. It must acknowledge the amount owing. A response that proposes to negotiate a settlement, without admitting liability or the amount, is not such an acknowledgement.

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