Tribunals and the Impact of the Limitations Act, 2002, S.O.
(Redirected from Section 2 (Limitations Act, 2002, S.O.))
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-27 |
| CLNP Page ID: | 2098 |
| Page Categories: | [Limitations Act, 2002 (Annotated)] |
| Citation: | Tribunals and the Impact of the Limitations Act, 2002, S.O., CLNP 2098, <>, retrieved on 2024-11-27 |
| Editor: | Sharvey |
| Last Updated: | 2023/02/07 |
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R.M. v. Toronto Police Services Board, 2013 HRTO 1102 (CanLII)[1]
[13] All of the parties and the intervenor agree, and I accept, that the Limitations Act, 2002 does not apply to applications made under the Code. As the Commission explains in its submissions, section 2 of the Limitations Act, 2002 limits its application to “claims pursued in court proceedings”. In West End Construction Ltd. v. Ontario (Ministry of Labour), 1989 CanLII 4088 (ON CA), [1989] O.J. No. 1444[2], the Ontario Court of Appeal held that the predecessor legislation to the current Limitations Act, 2002 did not apply to the Code, and stated, in part, as follows, at para. 21:
- In my opinion, the Code is neither fish nor fowl for limitation purposes. It does not create any cause of action which fits within the traditional format of the Limitations Act. …
- See also Anonuevo v. General Motors of Canada Ltd., [1996] O.H.R.B.I.D. No. 44., at para. 60.
References
- ↑ 1.0 1.1 R.M. v. Toronto Police Services Board, 2013 HRTO 1102 (CanLII), <https://canlii.ca/t/fzdnw>, retrieved on 2023-02-07
- ↑ 2.0 2.1 West End Construction Ltd. v. Ontario (Ministry of Labour) (Ont.C.A.), 1989 CanLII 4088 (ON CA), <https://canlii.ca/t/g1hlf>, retrieved on 2023-02-07
