Limitation Period Reconsidered For Failure To Appropriately Insure

Henry v Thyssenkrupp Elevator (Canada) Limited, 2018 ONSC 1659

In the recently released decision of Henry v Thyssenkrupp Elevator (Canada) Limited, 2018 ONSC 1659, the Superior Court provided some clarity regarding the appropriate limitation period for claims based on a party's failure to obtain the required insurance. The Henry decision runs contrary to the recently released Brookstreet v Economical decision by the same Court, which BLG previously reported on in our bulletin.

The underlying action in Henry dealt with a claim for injuries sustained by the plaintiff while exiting an elevator, which was alleged to have been improperly leveled at the floor. The elevator was located in the residential apartment building of the defendant owner, which was managed by the defendant property management company (the "principals"). The plaintiff sued the principals as well as the elevator maintenance contractor. While the maintenance contractor had obtained