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ARTICLE · 14 APRIL 2016

Ontario Limitations: Waiting To Complete Examinations For Discovery To Identify Potential Tortfeasors?

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In Galota v. Festival Hall Developments Ltd. et al., 2015 ONSC 6177 ("Galota"), the Ontario Superior Court of Justice pushed the boundaries of discoverability in the context of limitation periods.

CanadaLitigation, Mediation & Arbitration
David LeDrew
David LeDrew
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In Galota v. Festival Hall Developments Ltd. et al., 2015 ONSC 6177 ("Galota"), the Ontario Superior Court of Justice pushed the boundaries of discoverability in the context of limitation periods.  While the case addresses a personal injury claim, the implications of the decision may be more far-reaching.

The purpose of the limitation period is to provide certainty, to preserve evidence and to ensure that plaintiffs bring a lawsuit in a timely fashion.  The Limitations Act, 2002, S.O. 2002, c. 24, Sched. B ("Limitations Act") sets out the period of time by which a party must bring a claim in Ontario. 

Section 4 of the Limitations Act stipulates that a proceeding shall not be commenced more than two years after the day the claim was discovered.  Section 5 defines discoverability as the following:

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