Ontario: the Limitations Act doesn’t apply to claims before administrative tribunals

Mea Culpa! Given my take-away from this decision below, I clearly read it too quickly.  It is actually one of the more remarkably wrong limitations decisions from the past several years, not least because it holds that any personal injury claim involving a tenant and a landlord is not subject to the Limitations Act, but the one year temporal limit in the Residential Tenenacies Act.  It’s under appeal.  (What follows may be the only thing right about the decision).  


The Limitations Act plainly applies only to court proceedings and not claims brought before administrative tribunals.  Should you ever need an authority for this proposition (aside from the plain meaning of s. 2), look to Justice Sloan’s decision in Letestu v. Ritlyn Investments:

[62]        Section 2 of the Limitations Act makes it clear that the Limitations Act applies to “claims pursued in court proceedings”.

[63]        Nowhere in the Limitations Act does it state that the Limitations Act applies to claims brought before administrative tribunals.