2019: Fifteen Years Later and the Ultimate Limitation Period is Engaged!

While it may be the year of the Pig, 2019 also marks the year of the Ultimate Limitation Period! Undiscovered claims that occurred on or before January 1, 2004 (the date the Limitations Act, 2002 came into force), became ultimately statute barred on January 1, 2019 as a result of s. 15 of the Act.

The Act introduced an ultimate limitation period of 15 years that starts to run from the day the act or omission on which the claim is based took place. No proceeding can be commenced once the ultimate limitation period has concluded, irrespective of when the claim was discovered (subject to some enumerated exceptions contained in s.

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York Condominium Corp., No 382 v Jay-M Holdings Ltd., 2007 ONCA 49 (Ultimate Limitation Period)

In York Condominium Corp., No 382 v Jay-M Holdings Ltd., 2007 ONCA 49, the Ontario Court of Appeal had occasion to examine the “ultimate” limitation period provision found in s. 15 in the Limitations Act, 2002, in conjunction with its transitional provisions found in s. 24. This was the first case to interpret the 15 year ultimate limitation period. There was no corresponding provision in Ontario prior to the new Act coming into force on January 1, 2004.

The Court of Appeal held that if a claim is not discovered until after January 1, 2004, but the act or omission took place before that date, the ultimate limitation period of 15 years starts to run as if the act or omission had taken place on January 1, 2004.

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