The Roof, the Roof, the Roof is on Fire!
On April 19, 2019, a fire started on the roof of 37 William Street in the ByWard Market in Ottawa. The fire spread to various nearby properties, causing damage.
Maurizio Martignago (“Martignago”), an architect, was involved in a roofing renovation at 37 William Street in 2001. There were various allegations that Martignago's role in the 2001 roofing renovation was a contributing factor to the spread of the 2019 fire.
Numerous actions were started by different plaintiffs against multiple defendants. One of the defendants, Vittoria Trattoria (“Trattoria”), was located at 37 William Street. Trattoria started a Third Party Claim against Martignago in 2023 relating to his work in the 2001 roofing renovation, based on the allegation that it was connected to the fire's spread.
Martignago opposed the Third Party Claim and argued that the 15-year ultimate limitation period elapsed, as 18 years had passed between the roofing renovation and the fire. Trattoria countered by relying on section 18 of the Limitations Act, 2002 (“Limitations Act”), to argue that the limitation date for the contribution and indemnity claim started when she was served with the Statement of Claim in 2021.
Fanning or Dousing the Flames of Uncertainty?
Justice Bell took a plain reading of section 18 of the Limitations Actand stated “the two-year limitation period presumptively commences on the date of service of the Statement of Claim, but the 15-year ultimate limitation period actually commences on the date of service of the Statement of Claim” (at para 14).
As a matter of fairness, Justice Bell noted it would be unfair to eliminate a person's right to make a contribution and indemnity claim before they have the opportunity to initiate a Third Party Claim. Accepting Martignago's position would have prematurely denied Trattoria the chance to include Martignago in the proceedings, as she had not yet had that opportunity.
Section 18 therefore guards against unfairness by defining the date of service of the Statement of Claim as the actual commencement date for the ultimate limitation period. In light of the above, adopting Martignago's position would contradict section 18 and unjustly deprive Trattoria of her chance to name Martignago in the claim.
As such, Justice Bell held that limitation period started on the date of service in 2021, rather than the renovation date in 2001. On this basis, the Third Party Claims made against Martignago were not statute-barred by the ultimate limitation period.
Takeaway
This decision serves as clarification that, under Ontario's Limitations Act, the ultimate limitation period for contribution and indemnity claims are commenced upon service of the Statement of Claim – not from the date of the original act or date of harm.
Accordingly, section 18 of the Limitations Act provides defendants with an extended timeframe to issue claims against other parties for contribution and indemnity, even if the events in question occurred more than 15 years before the date of service or when the harm was discovered.
See Lower Williams Properties Ltd. v. Santaguida, 2025 ONSC 1132 (CanLII), <https://canlii.ca/t/k9lmb>
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