The appellant commenced an action to recover contributions from co-sureties for a bank debt he had retired.
The trial judge and Court of Appeal held the action was statute-barred, calculating the limitation period from the date judgment was rendered against the appellant.
The Supreme Court of Canada allowed the appeal, holding that the limitation period for a surety seeking contribution runs from the date the surety pays more than their pro rata share of the debt, or when liability is finally ascertained after all appeals are exhausted.
As the action was commenced within six years of these dates, it was not statute-barred.
