Civil Practice and Procedure - Limitation of actions - Principles
Plaintiff construction company was successful in construction lien action, against defendant corporations who were landowner and tenant. Corporations occupied land which construction project was to take place on. At commencement of trial, tenant was added as party defendant after limitation period had expired. Doctrine of special circumstances was found to apply. Limitations defence pleaded by defendants was dismissed. Both defendants were found to be owners under applicable law, making them liable for judgment. Defendants appealed. Appeal allowed. Special circumstances finding by trial judge was improper. Statutory deadlines applied, and were mandatory. Limitation period expired some eight months before tenant was added.
Pryers Construction Ltd. v. MVMB Holdings Inc. (2019), 2019 CarswellOnt 17424, 2019 ONSC 6135, Aston J., S.T. Bale J., and Favreau J. (Ont. Div. Ct.); reversed (2018), 2018 CarswellOnt 21480, 2018 ONSC 7605, K.E. Pedlar J. (Ont. S.C.J.).
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