In Lilydale Cooperative Limited v Meyn Canada Inc, 2019 ONCA 761, the Court of Appeal for Ontario concluded that it is not appropriate for a party to wait for a forum dispute to be decided prior to commencing a claim in Ontario. A forum dispute does not toll the limitation period under the Limitations. Act, 2002. This decision is consistent with recent Court of Appeal cases, which have held that settlement discussions and appeals do not postpone the commencement of limitation periods.
In 2004, the plaintiff commenced an action against two defendants in Alberta. Because of a limitation issue in the Alberta action, the plaintiff also commenced an action in Ontario against the same defendants in early 2006, making the same claims as in the Alberta action.