Does the limitation period for damage caused by defective wiring in a car constitute a limitation period under the Highway Traffic Act?
Ontario, Canada
The following excerpt is from Guarantee Co. of North America v. Mercedes-Benz Canada Inc., 2005 CanLII 79671 (ON SC):
In Karakas v. General Motors of Canada Ltd. (2004), 2004 CanLII 48168 (ON SC), 74 O.R. (3d) 273, [2004] O.J. No. 5231 (S.C.J.), the plaintiffs suffered damages to their home and car as a result of a fire that started in the car which was parked in the garage. The evidence was that the fire started due to defective wiring in the car and the issue was whether the damage resulting from the fire was damage occasioned by a motor vehicle and covered by the limitation period in the Highway Traffic Act.
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