Toronto Standard Condominium Corporation No. 1487 v. Market Lofts Inc. (Ontario Superior Court)

24/06/15 – Jurisdiction Ontario
Part 50 published on 01/05/15
Condominium corporation’s claim for recovery of amounts under shared services agreement subject to 10-year limitation period under Real Property Limitation’s Act

The condominium corporation applied for summary judgement of its claims for amounts owed to it under a shared services agreement.  The defendants asserted that the claim was out of time due to expiry of the typical two-year limitation period. 

The Court held that the limitation period had not expired because the claim was subject to the ten-year limitation period under Section 23 (1) of the Real Property Limitations Act

[Note that the Shared Services Agreement included provision for a lien (against the land of the defaulting party) securing recovery of any arrears under the agreement.]  

The Court said:  “the action is governed by s. 23 (1) of the (Real Property Limitations Act), which sets a ten-year limitation period for an action to recover out of any land any sum of money secured by a lien or otherwise charged upon or payable out of the land”.