Nygard International Partnership v. Hudson’s Bay Company, 2018 ONSC 5143

Justice Perell held that HBC’s failure to make payment each week was not a renewing breach of contract perpetually being repeated each week. Rather, once payment was not made, HBC was immediately liable to be sued for default in payment. However, Justice Perell went on to find that there was also a breach of the requirement to make periodic payments and thus a series of individual breaches with individual limitation periods.