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ARTICLE · 23 OCTOBER 2026

Third-party Claims And The Ultimate Limitation Period: When Is The Possibility Of Litigation Really Dead?

Osler, Hoskin & Harcourt LLP
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The Ontario Court of Appeal's recent decision in Lower William Properties Ltd. v. Santaguida examines the complex interplay between the ultimate limitation period and third-party claims for contribution and indemnity under Ontario's Limitations Act, 2002. While the court declined to provide definitive answers, it identified four critical issues that may allow third parties to face liability even after the 15-year ultimate limitation period has expired for direct claims.

CanadaLitigation, Mediation & Arbitration
Paul Ivanoff
Paul Ivanoff
Graeme Rotrand
Graeme Rotrand
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Key takeaways

  • The Ontario Court of Appeal addressed the ultimate limitation period related to third-party claims for contribution and indemnity.
  • The Court noted the need to reconcile sections 15 and 18, recognizing that the ultimate limitation period aims to provide finality in litigation.
  • The case highlights ongoing complexities regarding the interaction of limitation periods with contribution and indemnity claims.

Recently, in Lower William Properties Ltd. v. Santaguida, 2026 ONCA 581, the Ontario Court of Appeal addressed some of the issues that may arise when considering the “ultimate limitation period” contained in section 15 of the Limitations Act, 2002 (the Act) in the context of third-party claims for contribution and indemnity. Although it does not provide definitive answers, Santaguida demonstrates the possibility that a third party may be liable to make contribution and indemnity even where a direct claim against them would be barred by the ultimate limitation

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