How does s. 18 of the Limitations Act apply when a party seeks contribution and indemnity in regards of claims pursued in separate proceedings commenced on different dates? The decision in Berwick v. Samis and Kozmik provides the perhaps obvious answer. Different limitation periods apply based (at least presumptively) on the date of service of the statement of claim:
[32] Pearce made it clear in one of her prayers of relief for contribution and indemnity as against the defendants is with respect to the 2009 action. In reading the words in “their grammatical and ordinary sense harmoniously with the scheme of the Act”[9], section 18 of the Act indicates that service of claims for indemnity and contribution commences on the date of service of the claim “which contribution and indemnity is sought”. The claim of which contribution and indemnity as against the defendants with respect the 2009 action “is sought” in that action which was commenced on September 14, 2009. It is clear that the contribution and indemnity claims of Pearce as against the defendants in the 2009 action exceeds two years from September 14, 2009. Accordingly, the claim of Pearce against the defendants with respect to “damages of the plaintiff, Ruo Hang Liu, in court file #CV-09-386969 (Toronto)” [10]is barred by the Act.
