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ARTICLE · 25 OCTOBER 2010

"Safai v. Bruce N. Huntley Contracting Ltd.", 2010 ONCA 545

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In this recent decision, the Court of Appeal considered the application of limitation periods and the "discoverability rule" in relation to a slip and fall accident that resulted in claims involving both a property owner and a maintenance contractor.

CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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In this recent decision, the Court of Appeal considered the application of limitation periods and the "discoverability rule" in relation to a slip and fall accident that resulted in claims involving both a property owner and a maintenance contractor.

This decision clarifies that a cause of action against a property owner will typically be discoverable on the date the accident and/or alleged injury occurs, whereas a cause of action against a maintenance contractor will not be discoverable until the plaintiff is notified of the existence of the maintenance contractor's involvement.

Important Facts:

  • The Appellant slipped and fell on a patch of ice in the parking lot of a commercial building on February 17, 2000.

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