What is the limitation period for a civil penalty under the Ontario Motor Vehicle Act?

BMW argues the civil penalty under section 1794, subdivision (c), ⁸ is barred by Code of Civil Procedure section 340, subdivision (1), which establishes a one-year limitations period for "[a]n action upon a statute for a penalty or forfeiture, when the action is given to an individual, or to an individual and the state, except when the statute imposing it prescribes a different limitation." An action for damages under the Act is governed by the four-year limitations period for breach of warranty in sales contracts set forth in Commercial Code section 2725. ⁹ (Krieger v. Nick

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