Skip to content

Under the Limit

Developments in Canadian limitations jurisprudence

Recent Posts

  • Ontario: Court of Appeal confirms an expired limitation period doesn’t extinguish debt
  • Ontario: Court of Appeal confirms a disability doesn’t necessary suspend the limitation period
  • Ontario: Court of Appeal sort of confirms Limitations Act applies to will challenges
  • Ontario: Court of Appeal on the knowledge required to plausibly infer liability
  • Ontario: the limitation of a solicitor-initiated assessment

Categories

  • Alberta
  • British Columbia
  • Federal
  • Manitoba
  • Newfoundland and Labrador
  • Nova Scotia
  • Ontario
  • Saskatchewan
  • Supreme Court
  • Uncategorized

Tags

  • "claim"
  • Adding a claim
  • Adding a party
  • Alberta Court of Appeal
  • Amendments
  • Appeals
  • Appropriateness
  • Blog pedantry
  • Civil procedure
  • Claims not causes of action
  • Contribution and Indemnity
  • Discoverability
  • Discoverability Doctrine
  • Discoverability principles
  • Discovery
  • Due Diligence
  • Estates
  • Evidentiary burdens
  • Fun with amendments
  • Insurance
  • Legal appropriateness
  • Misnomer
  • Motor Vehical Accident
  • Ontario Act
  • Ontario Act s. 1
  • Ontario Act s. 5
  • Ontario Act s. 5(1)
  • Ontario Act s. 5(1)(a)(iv)
  • Ontario Act s. 5(1)(b)
  • Ontario Act s. 5(2)
  • Ontario Act s. 7
  • Ontario Act s. 16(1)(a)
  • Ontario Act s. 18
  • Ontario Act s. 21
  • Ontario Court of Appeal
  • Ontario Real Property Limitations Act
  • Ontario Real Property Limitations Act s. 4
  • Ontario Trustee Act s. 38
  • Pleading
  • Pleadings
  • Please excuse my pedantry
  • Real Property
  • Real Property Limitations Act
  • Special circumstances
  • Summary judgment

Recent Posts

  • Ontario: Court of Appeal confirms an expired limitation period doesn’t extinguish debt
  • Ontario: Court of Appeal confirms a disability doesn’t necessary suspend the limitation period
  • Ontario: Court of Appeal sort of confirms Limitations Act applies to will challenges
  • Ontario: Court of Appeal on the knowledge required to plausibly infer liability
  • Ontario: the limitation of a solicitor-initiated assessment

Archives

  • August 2025
  • February 2024
  • January 2022
  • December 2021
  • January 2021
  • July 2020
  • May 2020
  • April 2020
  • November 2019
  • August 2019
  • May 2019
  • April 2019
  • February 2019
  • October 2018
  • August 2018
  • July 2018
  • June 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • October 2017
  • September 2017
  • June 2017
  • April 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • November 2015
  • October 2015
  • September 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014

Categories

  • Alberta
  • British Columbia
  • Federal
  • Manitoba
  • Newfoundland and Labrador
  • Nova Scotia
  • Ontario
  • Saskatchewan
  • Supreme Court
  • Uncategorized

Tags

  • "claim"
  • Adding a claim
  • Adding a party
  • Alberta Court of Appeal
  • Amendments
  • Appeals
  • Appropriateness
  • Blog pedantry
  • Civil procedure
  • Claims not causes of action
  • Contribution and Indemnity
  • Discoverability
  • Discoverability Doctrine
  • Discoverability principles
  • Discovery
  • Due Diligence
  • Estates
  • Evidentiary burdens
  • Fun with amendments
  • Insurance
  • Legal appropriateness
  • Misnomer
  • Motor Vehical Accident
  • Ontario Act
  • Ontario Act s. 1
  • Ontario Act s. 5
  • Ontario Act s. 5(1)
  • Ontario Act s. 5(1)(a)(iv)
  • Ontario Act s. 5(1)(b)
  • Ontario Act s. 5(2)
  • Ontario Act s. 7
  • Ontario Act s. 16(1)(a)
  • Ontario Act s. 18
  • Ontario Act s. 21
  • Ontario Court of Appeal
  • Ontario Real Property Limitations Act
  • Ontario Real Property Limitations Act s. 4
  • Ontario Trustee Act s. 38
  • Pleading
  • Pleadings
  • Please excuse my pedantry
  • Real Property
  • Real Property Limitations Act
  • Special circumstances
  • Summary judgment

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Ontario: limiting claims for unpaid running accounts and invoices

Justice Di Luca’s decision in Ryu Electric v. Sam Bung Hong contains a helpful discussion of the limitation implications of payments on a running account and payments for a particular invoice:

[48]      Intaglio Design argues that since the action was only commenced on April 9, 2015, the claim relating to Fionn MacCools, which is based on an invoice dated November 22, 2012, is statute-barred even allowing for a reasonable time frame within which payment on the invoice could be expected.

[49]      Ryu Electric argues that when the nature of the business relationship is properly viewed in context, the periodic payments made by Intaglio Design were payments “on account.” The effect of the partial payments on account is that the entire debt owed is considered as a whole, and therefore the limitation period would only start to run two years after the final payment which was made on October 21, 2014. Ryu Electric relies on the authority of section 13(11) of the Limitations Act, which provides that partial payment serves as a substitute for an acknowledgement of debt and therefore “re-sets” the start of the limitation period to the date of the acknowledgment of the debt.

[50]      The starting point for determining this issue is my finding that the periodic payments made by Intaglio Design were generally made “on account”, as opposed to specifically related to a particular invoice. In cases where a debtor makes periodic payments on a running account, the court will treat the balance as a single debt and the periodic payment as being made in respect of the entire balance, see Justice Graeme Mew et al., The Law of Limitations, 3d ed. (Toronto: LexisNexis, 2016) at p. 226-227. As such, a periodic payment in relation to the entire balance owing on account has the effect of an acknowledgment of the debt and serves to re-set the limitation period.

[51]      The scenario would have been different, if I had found that the nature of the relationship between the parties was such that the various invoices were treated as separate or discrete debts. Were that the case, Ryu Electric would have been free to allocate specifically unallocated payments to statute-barred debts, but the allocation by Ryu Electric would not have had the effect of re-setting the limitation period, see Burton v. Hunter, [1931] S.J. No. 11 (Sask. C.A.) at para. 7.

Posted on October 5, 2017Author DanCategories OntarioTags Ontario Act s. 13, Periodic payments, Running account, Unpaid account, Unpaid invoice

Post navigation

Previous Previous post: Ontario: no limitation period without a claim
Next Next post: Ontario: the great s. 18 debate
Proudly powered by WordPress