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Limitations

407 ETR Concession Co. v. Day 2016 Ont CA

Unlike the old Limitations Act and the common law, the Limitations Act, 2002 adds one more condition for a limitation period to start to run: “having regard to the loss or damage, a proceedings would be an appropriate means to seek to remedy it.” 407 ETR had two means to collect arrears in tolls: sue or wait for the registrar to refuse to renew the defendant’s license. The court decided that, even though ETR knew it had a cause of action against the debtor almost immediately, waiting for the registrar to refuse to renew a license plate was an extremely effective remedy for ETR to get paid. Rather than clog the courts with unnecessary Small Claims Court actions for trivial amounts, it was reasonable to wait for the date upon which the registrar refused to renew the debtor’s license. It was only then that, having regard to ETR’s situation, it would be reasonable for ETR to commence a proceedings.

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