Notice Of Claim May Begin Limitation Period For Third Party Environmental Contamination Claims

In March 2020, the Ontario Superior Court of Justice (the Court) released its decision in London Transit Commission v Eaton Industries (Canada) Company, 2020 ONSC 1413. At issue in this decision was whether the defendant's third party claim against the successor to the prior owner of the property was statute-barred under the Ontario Limitations Act, 2002, SO 2002, c 24 (the Limitations Act). The defendant issued the third party claim almost three years after being served with the plaintiff's original claim. The third party brought a motion for summary judgment, arguing that the third party claim was statute-barred pursuant to the Limitations Act. The defendant argued that it did not have knowledge of the potential third party claim when the plaintiff served the statement of claim, as its initial environmental consultant concluded that its property was not the cause of the alleged contamination. Justice Mitchell ultimately found that the defendant had actual and