York Condominium Corporation No. 382 v. Jay-M Holdings Ltd. (Ontario Court of Appeal)

The condominium corporation appealed from an Order dismissing its building deficiency action on the grounds that the limitation period under Ontario’s new Limitations Act had expired.  The lower Court had said that the new ultimate 15-year limitation, under the Limitations Act, had expired. 

The Court of Appeal reversed the lower Court decision.  The Order dismissing the action was set aside.  The Court of Appeal said that if the basis for claim was not discovered until after January 1, 2004 (the date of arrival of the new Limitations Act), but the act or omission took place before that date, the 15-year  ultimate limitation period started to run on January 1, 2004.