Simon's Legal Resources

Limitations - Invoice

. Cardtronics Canada ATM Management Partnership v. Dawson

In Cardtronics Canada ATM Management Partnership v. Dawson (Div Court, 2024) the Ontario Divisional Court dismissed an defendant's appeal, this from a successful Small Claims invoice action.

Here the court considers a useful invoice limitations issue (abandoned on appeal):

[5] With respect to the limitation period, the Court below found that the action was commenced within the required time. The Defendant had argued that the action was commenced more than two years after the March 8, 2018 invoice. The action was not commenced until March 13, 2020, more than two years after the date of the invoice. The Court held that it was not the date of the invoice that “started the clock”, but the date on which the payment was defaulted: April 8, 2018. As such, the Court rejected the limitation period defence.

....

[14] On this appeal, the Appellant raises three issues: Jurisdiction, identity of the corporate defendant, and the applicable interest rate. The Appellant’s factum also raised issues regarding the limitation period and the Evidence Act, but these were abandoned at the hearing of the appeal.