Peel Standard Condominium Corporation No. 755, 2013 ONSC 7611 is an important recent decision on the issue of parties and limitation periods. A contractor who is responsible for maintaining the Condominium Corporation where the Plaintiff slipped and fell on ice in February, 2008 brought a Motion to dismiss the claim that had been issued by way of an amending of an existing claim in August of 2011. The original claim that was amended in August, 2011 had been against another contractor. The significance of this case is that the second contractor who is moving to dismiss the claim issued in 2011 was not known about by the Plaintiff until information was provided by the first contractor in July of 2010.
In dismissing the second contractor’s Motion to have the claim struck out for failing to comply with the limitation period, Justice Baltman held that the Plaintiffs did not have actual knowledge of the existence of the second contractor and consequently the limitation period did not start to run until they became aware of that potential party. Consequently the action was allowed to proceed.
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