COURT OF APPEAL FOR ONTARIO

CITATION: Kudwah v. Centennial Apartments, 2012 ONCA 777

DATE: 20121113

DOCKET: C55100

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

[1] The 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.

[2] It 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).

[3] The appeal is allowed and the judgment below is set aside.

[4] Costs 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.