Ontario Court of appeal resolves conflicting limitation periods between the Trustee Act and Limitations Act, 2002

​In Levesque v. Crampton Estate, 2017 ONCA 455, the Court of Appeal for Ontario resolved that theTrustee Act supersedes the Limitations Act2002 when both limitation periods apply. Because section 38(3) of the Trustee Act is set out in the Schedule to the Limitations Act, 2002 it prevails in the event of a conflict.

This case concerned a crossclaim by a tortfeasor against the estate of a deceased wrongdoer for contribution and indemnity. The estate brought a motion to dismiss the crossclaim under section 38(3) of the Trustee Act. Section 38(3) establishes an absolute limitation period of two-years starting from the death of the wrongdoer.

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Court of Appeal weighs in on jurisdiction over claims under the Residential Tenancies Act

​In Letestu Estate v Ritlyn Investments Limited, 2017 ONCA 442, the Ontario Court of Appeal considered whether an action for damages in a slip and fall case is statute barred by the one-year limitation period under the Residential Tenancies Act (RTA) or the two-year limitation period under the Limitations Act, 2002. The court’s determination hinged on whether the Landlord and Tenant Board (the “Board”) has exclusive jurisdiction over claims under the RTA. The court concluded that it did not. In reaching its determination, the court relied on subsection 207(1) of the RTAwhich stipulates as follows:

A person entitled to apply under the Act but whose claim exceeds the Board’s monetary jurisdiction may commence a proceeding in any court of competent jurisdiction…

Since the damages claimed by the appellant estate exceeded the monetary jurisdiction of the Board, the appellant was entitled to commence the proceeding in the Superior Court where the two-year limitation period applied.

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10-year limitation period applies to claims for the return of deposits

In Harvey v. Talon International Inc., 2017 ONCA 267, the Court of Appeal was faced with the interpretation of theReal Property Limitations Act in order to determine whether that Act governed claims for the refund of deposits towards property. The plaintiffs entered into agreements of purchase and sale for residential units from the defendant. The plaintiffs subsequently requested to terminate their earlier agreements as a result of material changes and commenced an application for the return of their deposits. One of the plaintiff’s, Ms. Yim, sought to amend her notice of application to claim statutory rescission more than two years after the date on which such a claim was discovered.

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New International Commercial Arbitration Statute for Ontario

​Ontario has enacted and brought into force the International Commercial Arbitration Act2017, SO 2017, c 2, Sched 5 to replace its previous statute on international commercial arbitration. The central feature of the new statute is that both the 1958 New York Convention and the 1985 Model Law have the force of law in Ontario.

The previous statute did not address the issue of the limitation period for enforcing a foreign award. The new statute addresses this at s. 10, adopting a general 10 year limitation period from the date of the award or if proceedings at the place of arbitration to set aside the award were commenced, the date on which the proceedings concluded.

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Conde v Ripley: An action to set aside a conveyance of land under the Fraudulent Conveyance Act is subject to the ten year limitation period under the Real Property Limitation Act

In Conde v Ripley, 2015 ONSC 3342, the plaintiff sought to set aside a conveyance pursuant to section 2 of the Fraudulent Conveyances Act (FCA).  An action may be commenced under that section against a transferee of real property or personal property to declare a conveyance of such property to be void as against “creditors or others” in the circumstances where fraudulent intent is to be found. The question before the court was which limitation period was applicable to a claim under section 2 of the FCA: the two year limitation period set out in the Limitations Act, 2002, or the ten year limitation period set out in the Real Property Limitations Act (RLPA).   

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Hopkin v. Kay: Tort claim for intrusion upon seclusion commenced within two years does not violate one year limitation period contained in PHIPA

In Hopkin v. Kay2015 ONCA 112,  the Ontario Court of Appeal considered whether the Personal Health Information Protection Act, S.O. 2004, c. 3, Sch. A (“PHIPA”) creates an exhaustive code that precludes an individual from bringing any common law claims in the Superior Court for invasion of privacy rights in relation to personal health information. In its analysis, the Court considered the differences between two potentially applicable limitation periods and whether the differences between them would undermine the PHIPAscheme. The applicable limitation period for a common law claim of invasion of privacy rights (i.e.

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Rajmohan v. Norman H. Solomon Family Trust, 2014 ONCA 352, Doctrine of Special Circumstances Not Applicable to a Third Party claim commenced after the expiration of a limitation period

In Rajmohan v. Norman H. Solomon Family Trust, 2014 ONCA 352, a solicitors negligence case, the Ontario Court of Appeal considered whether the doctrine of special circumstances applied to a third party claim alleging solicitor’s negligence pursuant to the Trustees Act, RSO 1990, c. T. 23.  The Trustees Act contains an absolute two-year limitation period which falls outside of the scope of the discovery-based two year limitation period contained in the Limitations Act, 2002.  While the doctrine of special circumstances remains relevant to those limitation periods which fall outside of the Limitations Act, 2002, The Court of Appeal based on the claim alleged and the scope of the doctrine of special circumstances held that the doctrine did not apply in this case.

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