Court of Appeal for Ontario
Citation: Canadian Real Estate Association v. American Home Assurance Company, 2015 ONCA 389
Date: 2015-05-29
Docket: C59889
Before: Simmons, Epstein and Pardu JJ.A.
Between:
The Canadian Real Estate Association
Plaintiff/Respondent
Appellant by Cross-Appeal
and
American Home Assurance Company, Chartis Insurance Company of Canada
Chubb Insurance Company of Canada, Continental Casualty Company,
Encon Group Inc., Temple Insurance Company, XL Reinsurance
American Inc. Lloyd’s Underwriters, Certain Underwriters at Lloyd’s,
Thomas Hanrahan and Zarek Taylor Grossman Hanrahan LLP
Defendants
(Appellants, Thomas Hanrahan and Zarek Taylor Grossman Hanrahan LLP)
(Respondent: Chubb Insurance Company of Canada)
Counsel:
William G. Scott, for the appellants, Thomas Hanrahan and Zarek Taylor Grossman Hanrahan LLP
Simon Bieber and Adrienne Lipsey, for the respondent Chubb Insurance Company of Canada
Peter Hagen, for the cross-appellant, Canadian Real Estate Association
Heard: May 25, 2015
On appeal from the order of Justice E.P. Belobaba of the Superior Court of Justice, dated December 19, 2014.
Appeal Book Endorsement
[1] We agree that the motion judge erred in striking the statement of claim under rule 21.01 based on expiry of the limitation period prior to a statement of defense and reply being delivered. A plaintiff is under no obligation to plead matters relating to discoverability until a statement of defense pleading a limitation period is delivered: Collins v. Cortez, 2014 ONCA 685.
[2] In our view, the exception in Beardsley v. Ontario Provincial Police (2001), 2001 CanLII 8621 (ON CA), 57 O.R. (3d) 1 (Ont. C.A.) must be confined to cases that involve no legal or factual complexities.
[3] The appeal is allowed and the order below is set aside.
[4] Costs of the appeal are payable by the respondent to the appellants and cross-appellant in the amount of $5,000 in total on a partial indemnity basis inclusive of disbursements and applicable taxes. Costs of the motion below are payable by the respondent to the cross-appellant in the amount of $5,000 inclusive of disbursements and applicable taxes and $2,000 to the appellants inclusive of disbursements and applicable taxes.