Rebuttable presumption as to start of limitation period

Hodutu v. Bulger, 2015 ONCA 160

[6]          He noted that there is a rebuttable presumption under the Limitations Act, 2002that the limitation period starts to run when the impugned acts or omissions occur.  In these circumstances, this would be the day or days that she received the dental services.  In respect of those claims subject to the previous legislation, if her claim was discovered before January 1, 2004, she would be out of time and if it was not discovered by that date, the presumption in the new Act would apply.

[7]          The motion judge further found that there was no evidence to support the commencement of the limitation period from a date later than the date that she received the services she now impugns.  In fact, the appellant wrote to one of the respondents on August 24, 2006 informing him that his work was faulty and requesting compensation. The appellant's claim was struck without leave to amend because the motion judge determined that it was commenced nearly five years after the latest presumptive expiry of the limitation period.