Waterloo Region District School Board v CRD Construction, 2010 ONCA 838 (Contribution and Indemnity, s. 18)

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In Waterloo Region District School Board v CRD Construction, 2010 ONCA 838, a five member panel of the Court of Appeal confirmed that a claim for contribution and indemnity, whether in tort or otherwise, now has a two-year limitation period. This period is presumed to run from the date when the person who seeks contribution and indemnity is served with the plaintiff’s claim that gives rise to the claim (and not the date in which the plaintiff files the claim, although the two may be the same). The Court of Appeal concluded that this “is the only limitation period in the Act that applies to claims for contribution and indemnity.”

Accordingly, the limitation period for contribution and indemnity is separate from the plaintiff’s limitation period.  This case is particularly beneficial to defendants in cases where a plaintiff failed to name a party who may be liable for the damages being claimed. 

For a more fulsome summary of the case see Christina Porretta, “Court Rules that Claim for Contribution and Indemnity has Two-Year Limitation Period”, International Law Office (Online: January 25, 2011)