Effective January 1, 2004, the Limitations Act (R.S.O. 1990 c.L.15) (the "Old Act") was amended by S.O. 2002, ch. 24, s.26, which repealed Parts II and III of the Old Act.  As the remaining portions dealt exclusively with real property, the remainder of the Old Act was appropriately renamed the Real Property Limitations Act (the "RPLA").  A new act, the Limitations Act, 2002 (S.O. 2002, c. 24, Sch. B) (the "New Act") was introduced to deal with limitation periods not affecting real property.  The New Act does not apply to proceedings to which the RPLA applies. As the RPLA deals with real property and the New Act deals with all other matters, including contract disputes, lawyers involved in commercial leasing issues and disputes must be cognizant of the provisions of both Acts as a commercial lease is both an interest in real property and a contract. 

The following topics are discussed:

• Limitation Period Issues
• The Provisions of the New Act
• Basic Limitation Period
• Ultimate Limitation Period
• No Limitation Period
• Discoverability
• Acknowledgements and Triggering Limitation Periods
• Alternative Dispute Resolution
• Contracting Out of the New Act
• Transitional Provisions
• Claims for Rent and Interest and Rental Overpayments
• Claims to Enforce Covenants

This paper was written for the Law Society of Upper Canada's Six-Minute Commercial Leasing Lawyer program, February 11, 2009.

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