Pension Claim Statute-Barred by Ultimate Limitation Period.

The article focuses on a legal decision by Ontario’s Superior Court dismissing a pension claim as barred by the 15-year ultimate limitation period under the Limitation Act, 2002. The plaintiff, Johnston, challenged the denial of pension benefits related to his union membership expulsion in 1992, but the court found that his cause of action arose no later than 1995 when he received a lump-sum payment and was aware of the pension impact. The court rejected claims of concealment or ongoing breach, concluding that Johnston had sufficient knowledge to bring a claim well within the limitation period. Consequently, the action was dismissed on the basis that it was commenced beyond the statutory limitation timeframe.