Case citation: Neale Engineering Ltd. v. Ross Land Mushroom
Farm Ltd., 2023 BCCA 429
The interpretation of provisions in the Limitation Act,
S.B.C. 2012, c. 13, establishing the statutory limitation period
for claims for contribution or indemnity, can be straightforward
– until it is not.
The BC Court of Appeal dealt with one such situation when Neale
Engineering Ltd. was sued by Ross Land Mushroom Farm Ltd. and
others, for damages arising from a fire that occurred on May 15,
2016, at a mushroom farm in Langley, British Columbia. Ross Land
denied liability and filed a third-party notice against Neale
Engineering seeking contribution and indemnity on May 15, 2018.
Neale Engineering opposed the third-party notice on the basis that
it was statute-barred because it was filed two years after
discovery of the contribution claim. The chambers judge granted
leave to Ross Land to file the third-party notice.
