Legal Blog

Ultimate Limitation Period

Soetemans v. Design Concrete Systems Ltd. 2022 Ont SCJ

A hog finishing barn was constructed in 2002. On August 16, 2017, a beam failed and the structure partially collapsed. The owner’s action was started July 2, 2019, well within the 2-year limitation period (based on discoverability), but outside of the s. 15(2), 15-year ultimate limitation period (in which discoverability is irrelevant) that started January 1, 2004 (extended pursuant to the transition provisions of the Limitations Act, 2002). The defendants relied on the ultimate limitation period and brought a motion for summary judgment to dismiss the action. The judge dismissed the motion because, under s. 15(4)(c)(i), the ultimate limitation period does not run when the defendant wilfully conceals the damage or the fact that the defendant caused it. The issue of wilful concealment was very much a genuine issue that necessitated a trial.

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