The respondent obtained a judgment against the appellant in the New Jersey Superior Court on January 24, 2013.
An appeal from that judgment was dismissed on July 17, 2014.
On May 1, 2015, the respondent brought an application in the Ontario Superior Court of Justice to recover damages based on the New Jersey judgment.
The appellant argued the proceeding was time-barred under the Limitations Act, 2002.
The application judge rejected this argument and granted judgment in favour of the respondent.
The appellant appealed, arguing that the two-year limitation period began to run from the date of the first-instance New Jersey judgment, not from the date the appeal was dismissed.
The Court of Appeal dismissed the appeal, holding that the two-year limitation period applies to proceedings on foreign judgments and begins to run when the time to appeal the foreign judgment has expired or, if an appeal is taken, on the date of the appeal decision.
