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Limitations Act - Transition [LA s.24]. Paterson v. Royal Bank of Canada
In Paterson v. Royal Bank of Canada (Ont CA, 2026) the Ontario Court of Appeal considered the transition provisions of the LA [s.24]:[34] Because of the transition provisions in the Limitations Act, the starting date for the running of the ultimate limitation period is the later of the date when the act or omission on which the claim is based took place and January 1, 2004 (the date when the Limitations Act came into effect): York Condominium Corporation No. 382 v. Jay-M Holdings Limited, 2007 ONCA 49, 84 O.R. (3d) 414, at para. 2, leave to appeal refused, [2007] S.C.C.A. No. 154. This means that, since the Statement of Claim contains no allegations of acts or omissions by the respondents after 2002 (a fact that is not contested by the appellant), absent wilful concealment, the ultimate limitation period would have expired on January 1, 2019 (and not, as the motion judge stated, and the respondents on appeal reiterate, in 2017). In any event, there is no question that, except for the potential operation of s. 15(4)(c), the claims asserted in the Statement of Claim, which was commenced in 2022, would be barred by s. 15.
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