COURT OF APPEAL FOR ONTARIO
BEFORE: Doherty, MacPherson and Simmons JJ.A.
BETWEEN
Wajid Kudwah
Plaintiff (Appellant)
and
Centennial Apartments, Princess Management Partnership and Michael Edward Halperin
Defendants (Respondents)
COUNSEL:
P. Michael Rotondo, for the plaintiff (appellant)
Robert L. Love and Natalie Kolos, for the defendants (respondents, Centennial Apartments
HEARD: November 9, 2012
On appeal from the order of Justice Lederer of the Superior Court of Justice, dated February 17, 2012.
APPEAL BOOK ENDORSEMENT
1The motion judge did not address the requirements of s. 5 of the Limitations Act, 2002 in his reasons. In our view, he erred in law in failing to do so.
2It is important when considering a limitation period claim to appreciate that the terms of the 2002 Act must govern. A court considering the limitation claim must address the specific requirements of s. 5 of the Act, particularly on the facts of this case, the requirement of s. 5(1)(a)(iv).
3The appeal is allowed and the judgment below is set aside.
4Costs of the motion to the appellant in the amount of $7,000, inclusive of all applicable taxes. Costs of the appeal to the appellant in the amount of $5,000, inclusive of all applicable taxes.
