Hawrish v. Peters et al.

Hawrish v. Peters et al.

The Court held that where a surety seeks contribution the cause of action accrues when the surety pays more than his share; accordingly the limitation period in s.3(1)(f) runs from that payment (and where the claim is for prospective declaratory relief the limitation runs from ascertainment of liability upon expiry of the last right of appeal). Applying this, the appellant's claim was within six years and not statute-barred.

Citation
[1982] 1 SCR 1083
Parties
Appellant: Andrew Hawrish; Respondent: Ray Peters; Respondent: Raymond N. Resky; Respondent: Fred L. Dunbar; Respondent: Harold J. Russell
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 June 1982
Procedural Posture
Action for Contribution Between Co Sureties Arising From Guaranty; Appeal on Limitation Point / Appeal to the Supreme Court of Canada (judgment on Limitation and Remitted to Trial Court)
Outcome
Appeal allowed; action held not statute-barred; matter remitted to trial court for determination on the merits; costs to appellant here and below for proceedings to date.
Legal Topics
Contribution, Accrual of Cause of Action, Statute of Limitations, Declaratory Relief, Effect of Appellate Finality
Source Language
English
Civil Procedure Suretyship and Guaranty Limitation of Actions Equitable Remedies Contribution Accrual of Cause of Action Statute of Limitations Declaratory Relief +1 more

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Parties

Andrew Hawrish

Appellant

Ray Peters

Respondent

Raymond N. Resky

Respondent

Fred L. Dunbar

Respondent

Harold J. Russell

Respondent

Procedural Posture

Action for Contribution Between Co Sureties Arising From Guaranty; Appeal on Limitation Point / Appeal to the Supreme Court of Canada (judgment on Limitation and Remitted to Trial Court)

Legal Issues

  1. 1 When does a surety's right to contribution against co-sureties accrue for limitation purposes?
  2. 2 Whether the action was statute-barred under The Limitation of Actions Act, R.S.S. 1965, c.84, s.3(1)(f).
  3. 3 Effect of declaratory prospective relief on accrual and limitation periods.

Ratio Decidendi

The Court held that where a surety seeks contribution the cause of action accrues when the surety pays more than his share; accordingly the limitation period in s.3(1)(f) runs from that payment (and where the claim is for prospective declaratory relief the limitation runs from ascertainment of liability upon expiry of the last right of appeal). Applying this, the appellant's claim was within six years and not statute-barred.

Court Disposition

Appeal allowed; action held not statute-barred; matter remitted to trial court for determination on the merits; costs to appellant here and below for proceedings to date.

Orders

  • Appeal allowed
  • Proceedings referred back to the trial court for determination on the merits