Court of Appeal for Ontario

Citation: Tarion Warranty Corporation v. New Millennium Homes Inc., 2015 ONCA 246

Date: 20150410

Docket: C57548

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

[1] The 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.

[2] The appeal is dismissed.

[3] Costs at $15,000 all in.