The plaintiffs sued various defendants after they purchased a home with alleged defects. One of the defendants, the City of Toronto, opened building permits related to the property in 1987 and 2017. The plaintiffs purchased the home in 2019. The City brought a motion under r. 21.01(1)(a) to strike the claims arising from the 1987 permits, arguing that the claims were barred by operation of the 15 year ultimate limitation period. The 15 year ultimate limitation period was created by the Limitations Act, 2002, and came into force in 2004. The plaintiffs, who were ages 31 and 39 as of the date of purchase, argued that the limitation period did not start to run for the younger plaintiff until she turned 18 in 2006. The motion judge accepted the plaintiffs’ position and held that the claims were not barred. The Court of Appeal overturned the motion decision, holding that the claims were barred by operation of the 15 year ultimate limitation period. The Court of Appeal reasoned that the plaintiff did not have any crystallized claim while she was younger than 18 because she did not own the subject property at that time.
Section 15(4)(b) of the Limitations Act only applies to persons who are minors and have a claim during the 15 year period.