Deloitte & Touche LLP v. Kuiper, 2015 ONSC 7770 (CanLII)
RE: the extent to which an equitable promise to pay a debt can extend a limitation period beyond 2 years, for the purposes of the Limitations Act, 2002, SO 2002, c24
In this case we successfully moved for summary judgment to dismiss the plaintiff’s claim as being out of time. The plaintiff's claim was for amounts allegedly owing to a consultant for services it provided in a prior piece of litigation involving a power generation project. The plaintiff argued that the defendant’s conduct and communications had created an equitable estoppel that extended the applicable limitation period or, alternatively, that the plaintiff had acknowledged the debt owing so as to recommence the applicable period for the purposes of the Limitations Act.
The decision is important as it clarifies both the provisions of the Limitations Act and the extent to which equitable remedies will or might be applied so that a plaintiff can avoid the application of that legislation.