Ontario Civil

Consumer Protection

Limitation period

Two-year limitation period for enforcement of civil debts under Limitations Act, 2002 has no application to Consumer Reporting Act

Relying on Limitations Act, 2002, applicant sought order that consumer reporting agencies remove debts over two years that were currently shown on applicant’s credit report. Application dismissed. Two-year limitation period set out in limitations act could not be applied to determine time frame for reporting consumer debts under Consumer Reporting Act. Nothing in limitations act extended its application to CRA and nothing in CRA contemplated application of provisions of LA. Acts had entirely different purposes. Two-year limitation period for enforcement of civil debts under LA had no application to CRA. Consumer reporting agencies acted in compliance with CRA.

Grant v. Equifax Canada Co. (Nov. 2, 2015, Ont. S.C.J., Barnes J., File No. 57/15) 259 A.C.W.S. (3d) 673.

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