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Limitation periods not written in stone

Thursday, October 20, 2016 @ 8:00 PM | By Kim Arnott

The two-year limitation period for Ontario’s toll highway company 407 ETR to take action against drivers who refuse to pay up begins when renewal of the driver’s licence plates are denied by the province.

That was the ruling of the Ontario Court of Appeal in a case looking at the rarely considered s. 5(1)(a)(iv) of Ontario’s Limitations Act, 2002, which says a claim isn’t discovered until “a proceeding would be an appropriate means” to remedy it.

In 407 ETR Concession Co. v. Day 2016 ONCA 709,...