In McFlow Capital Corp. v. James, the parties disagreed on whether the Limitations Act applies to oppression claims brought under the Condominium Act and the Ontario Business Corporations Act. The Court declined to resolve the issue.
I agree with the plaintiff, who argued, in the Court’s words, “that there is a clear jurisprudential consensus that the two year limitation period applies”. I see no viable argument otherwise. The Limitations Act applies to all claims pursued in court proceedings. Whether the claim is statutory is of no relevance.