April 21, 2020 – Limitation Period & Oppression Remedy

“There is a division in the case law regarding the applicability of the general two-year limitation period prescribed by s. 4 of the Limitations Act, 2002, to cases of ongoing oppression. The positions of the parties on this appeal reflect this division.

In my view, an oppression remedy claim under the OBCA [Ontario Business Corporations Act] is subject to the general two-year limitation period prescribed by s. 4 of the Limitations Act, 2002. Oppression is not listed under s. 16 as a claim to which no limitation period applies, nor is it exempted under s. 19 of the legislation. Special circumstances are also not available to extend the limitation period.”

            Maurice v. Alles, 2016 ONCA 287 (CanLII) at 36 & 43