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ARTICLE · 05 FEBRUARY 2019

Time Period Expired: Claim For Contribution And Indemnity Dismissed

Gardiner Roberts LLP
Gardiner Roberts LLP
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Finality is an important concept in law. Finality provides certainty to the meaning of the law and ensures that the legal process is not endless.

CanadaFinance and Banking

Finality is an important concept in law. Finality provides certainty to the meaning of the law and ensures that the legal process is not endless.

While dissatisfied litigants often have the right to appeal a negative decision, a litigant's action can never proceed beyond a final decision of the Supreme Court of Canada.

A litigant is also required to start his or her claim in a timely fashion. People are entitled to live free from the spectre of litigation peering over their shoulder from incidents that occurred many, many years ago.

In Ontario, there is a general two year limitation period in which an action must be commenced against a wrongdoer, and, in most cases, there is also an ultimate 15-year limitation period that applies to undiscovered claims. Accordingly, a litigant's failure to commence his or her action before the expiration of an applicable limitation period will result in the dismissal of the claim and give the alleged wrongdoer finality.

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