Peter J. Mitchell

The plaintiff school board sued multiple defendants, including the appellant engineering firm, for damages arising from a collapsed gymnasium wall.

The plaintiff's claim against the appellant was statute-barred under the Professional Engineering Act.

However, the other defendants brought cross-claims for contribution and indemnity against the appellant within the two-year limitation period under the new Limitations Act, 2002.

The appellant moved for summary judgment to dismiss the cross-claims, arguing they could not survive if the main claim was statute-barred.

The Court of Appeal dismissed the appeal, holding that section 18 of the Limitations Act, 2002 preserves the right to claim contribution and indemnity even if the plaintiff's direct claim against the concurrent tortfeasor is statute-barred.

The appellant builder appealed a motion judge's decision refusing to stay a negligence claim in favour of arbitration.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that the arbitration clause did not encompass claims in negligence.

Furthermore, because the homeowner's claim involved other parties not bound by the arbitration agreement, the motion judge properly exercised his discretion under s. 7(5) of the Arbitration Act, 1991 to refuse a partial stay to avoid a multiplicity of proceedings.

Under s. 7(6) of the Act, this discretionary decision was unappealable.