Marjadsingh v. Toronto Transit Commission v. Kahlon, 2018 ONSC 1439

The issue in this case was whether the limitation period set out in section 18(1) of the Limitations Act, 2002, S.O. 2002, c.24 was subject to discoverability. If not, the Defendant was out of time to add a new third party. Master Jolley concluded that the limitation period was rebuttable and the Defendant was permitted to add a third party and seek contribution and indemnity. This was subject to the third party being permitted to argue at trial that the claim was discoverable within two years.