Statute Barred: When Is A Claim A Claim, Or A Cause Of Action?

The Ontario Superior Court, in Shublay v. Coachman Insurance, 2012 ONSC 5445, recently revisited the distinction between claims and causes of action in the context of a limitations defence.

The case arose from the escape of fuel oil in 2005 at the plaintiffs' home in Thunder Bay. The plaintiffs brought a motion to amend its statement of claim to increase the amount of damages they were claiming for existing breach of contract and negligence claims, as well as to add claims for punitive, aggravated and exemplary damages. The issue before the courts was whether these amendments were barred by the Limitations Act, 2002 (the "Act"), since more than two years had passed since the cause of action was discovered.