Canaccord Capital Corporation v. Roscoe
Indemnity Clause in Employment Agreement: Limitations Act Appeal
Summary
This is an appeal from a motion judge's decision regarding an employer's claim for indemnification against a former employee under an employment agreement. The central legal issue was whether the employer's claim for indemnity was statute-barred under section 18 of the Limitations Act, 2002, specifically determining when the cause of action accrued. The Court of Appeal held that the indemnity obligation arises when the claim is made against the employer, not when the settlement is paid, and that section 18 applies to contractual indemnity claims.
Outcome
appeal allowed
Key Factors
- indemnity clauses
- employment agreements
- Limitations Act, 2002
- statutory interpretation
- discoverability
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