RMP Canada Investment Company, a Partnership Doing Business as a Proprietorship Known as RPM Canada Doing Business as a Sole Proprietorship Known as Carboline
Facts: Ferro Building Systems Ltd. sought to file a third-party notice against Neale Engineering Ltd. for contribution and indemnity, which Neale Engineering opposed due to an expired limitation period.
Issues: Whether the limitation period for Ferro's third-party claim had begun to run and if it was statute-barred.
Ruling: The appeal was allowed. The court found that the limitation period for a claim for contribution or indemnity is "discovered" when a claimant is served with a pleading that could result in them paying more than their share of damages, not necessarily when a pleading alleging fault by two or more persons is served. The proposed third-party proceedings against Neale Engineering were deemed statute-barred.
Amount Awarded: Not applicable; the focus was on the interpretation of the Limitation Act and the timing for third-party claims.
