Court of Appeal for Ontario
Before: Laskin, Lauwers and Hourigan JJ.A.
Between
Tarion Warranty Corporation
Plaintiff
(Respondent)
and
New Millennium Homes Inc.
Frederick William Spencer and Lisa Spencer
Defendants
(Appellants)
Counsel:
Scott A. Rosen, for the appellants Spencer
Andrea Hill, for the plaintiff (respondent)
Heard: April 7, 2015
On appeal from the judgment of Justice Dale Parayeski of the Superior Court of Justice, dated July 8, 2013.
APPEAL BOOK ENDORSEMENT
1The main issue in this case is whether Tarion’s claim is caught by s. 18 of the Limitations Act, as explained in Canaccord Capital v. Roscoe 2013 ONCA 378. In our view, since Tarion was not sued, s. 18 of the Act has no application. The court’s approach in Federation Insurance v. Markel (2012) 105 O.R. (3d) 652 applies. The trial judge properly determined that the limitation period did not start to run until Tarion paid out money to a third party. The payments for which Tarion sought indemnity all fall within the applicable limitations period.
2The appeal is dismissed.
3Costs at $15,000 all in.