What will establish a "rolling" limitation period? In
other words, why does the limitation clock start over again in one
case, but not another?
The Ontario Court of Appeal casts some light on these questions
in its recently released decision, Marvelous Mario's Inc.
v. St. Paul Fire and Marine Insurance Co., 2019 ONCA 635
("Marvelous Mario's").
The Marvelous Mario's case involved two actions in
which the plaintiffs claimed insurance coverage under a commercial
insurance policy. The first action was for indirect losses the
plaintiffs claimed were suffered in their business. The trial judge
dismissed the first action in its entirety, holding that indirect
losses were not covered by the policy.
