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Debra
Debra, Lawyer
Category: Canada Law
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What is the time statute in Ontario with regard to an action

Customer Question

What is the time statute in Ontario with regard to an action against an automobile extended warranty company? It has been just over 3 years since the repair ($5k) was not paid by the company. I was unable to pay to take them to small claims but now I have the money. Is it too late? Thanks
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
The limitation period for suing in Ontario is two years from the time the claim arose. So if they refused to pay 3 years ago then the claim arose then so unfortunately you are too late to sue. The only way to be able to sue them now would be to get them to acknowledge the debt in writing or get them to make a partial payment. That would start the limitation period over again. But it is clearly not likely you will be able to get them to do either unfortunately. I am sorry this is not the answer you were hoping for.
Customer: replied 1 year ago.
what if I have this email (but they never paid)Hi Nigel,
Ronald Renwick is the president, so he is as high up as they go. Please give him a call Monday at 2:30pm. Also, as per Ronald and Paul’s conversation at Coventry North there was an agreement that we would authorize/pay the labour for your transmission repair out of good will. This authorization was faxed to Michael at Coventry North yesterday. Also, please keep in mind we do cover your rental for up to five days ($40 a day).Regards
Nigel
Expert:  Debra replied 1 year ago.
It doesn't matter what evidence you have. You cannot sue once the limitation period is up. So the only time this email would help is if you got this email less than two years ago.

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