Legal Blog

Limitations Act

Independence Plaza 1 Associates LLC v. Figliolini 2017 Ont CA

Unlike an Ontario judgment, a foreign judgment is dealt with as if it were a contract and, accordingly, the basic 2 year limitation period applies. The earliest that the limitation period starts to run is the date on which a judgment is registered and the appeal period ends or, if there is an appeal, on the date that the appeal decision is rendered. The start of the limitation period is also affected by discoverability. It would be extended until the time when a creditor knew or ought to have known that the judgment debtor had exigible assets in Ontario.

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