Simon's Megalomaniacal Legal Resources

Limitations - Continuing Tort

. Albert Bloom Limited v. London Transit Commission

In Albert Bloom Limited v. London Transit Commission (Ont CA, 2021) the Court of Appeal considered when a tort is considered continuing for purposes of a limitation period:

[50] ... As Epstein J., as she then was, explained in Starline Entertainment Centre Inc. v. Ciccarelli, (1995) 1995 CanLII 7132 (ON SC), 25 O.R. (3d) 765 (S.C), at p. 31, “a continuing tort does not include continuance of all the effects or repercussions of the defendant’s conduct. It has been explained as ‘the continuance of the act which caused the damage.’” For a claim to be “continuing”, the legal injury itself must continue, not merely the ill effect of the prior legal injury: RVB Managements Ltd. v. Rocky Mountain House (Town), 2015 ABCA 188, 19 Alta. L.R. (6th) 195, at para. 18.