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ARTICLE · 17 SEPTEMBER 2013

Ultimate Limitation Period Gives "Inherently Unfair" Result

DLA Piper
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The recent decision of Addison & Leyen Ltd. v Fraser Milner Casgrain LLP, 2013 ABQB 473, highlights important considerations for plaintiffs up against the 10-year limitation period and those seeking contribution and indemnity from defendants.

CanadaLitigation, Mediation & Arbitration
Justin Seitz
Justin Seitz
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The recent decision of Addison & Leyen Ltd. v Fraser Milner Casgrain LLP, 2013 ABQB 473, highlights important considerations for plaintiffs up against the 10-year limitation period and those seeking contribution and indemnity from defendants. Although the result in this instance seems unfair, it is hard to find flaws in the well-reasoned judgment of the Honourable Mr. Justice J.T. McCarthy.

Background

York Beverages (1968) Ltd. ("York") was a Saskatchewan soft drink bottling company. The Individual Plaintiffs in this matter (John Dietrich, Jeanette Dietrich, Wilfred Roach and Helen Roach) each had an ownership interest in York either as a shareholder or indirectly through their ownership of Addison & Leyen Ltd. ("Addison"). They were also directors of York.

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