Case Spotlight: Hennebury v Makita Canada Inc.
The Ontario Superior Court’s decision in Hennebury v Makita Canada Inc., 2025 ONSC 3850, has delivered much-needed clarity regarding the strictness of Ontario’s ultimate limitation period in product liability matters. The case involved a plaintiff who suffered injuries in 2019 from a router manufactured nearly two decades earlier. The plaintiff attempted to sue Makita Canada well after the product’s sale, arguing that the harm only became apparent years later.
15 Years Means 15 Years
The court found that Ontario’s Limitations Act, 2002 imposes a hard cap: plaintiffs must start any product-related claim within 15 years of when the product leaves the manufacturer’s possession, regardless of when an injury or loss is discovered. The court emphasized that this period is not extended by late-discovered harm or a manufacturer’s ongoing duty to warn unless there is ongoing, new wrongful conduct.
No Revival for Delayed Claims
The plaintiff’s argument hinged on the idea that a continuing duty to warn could restart the limitation period. The judge rejected this, clarifying that only repeated, fresh failures (rather than a single omission) could amount to a “continuing act or omission” under the law. Here, all of Makita’s alleged failures related to events before the product left its hands, and nothing new had occurred since.
Impact: Certainty for Manufacturers and a Warning for Plaintiffs
This ruling firmly establishes that manufacturers in Ontario are shielded from indefinite exposure to product lawsuits. For consumers and injured parties, it serves as a reminder to be proactive: even latent defects will not restart the clock once the 15-year window has closed. The policy underlying this approach balances the interests of finality for businesses with fairness to claimants who might discover harm late.
Key Takeaway
Ontario’s courts have sent a clear message: late-discovered injuries will not extend the time for product liability claims beyond 15 years from sale. Both manufacturers and claimants should keep this absolute deadline top of mind when assessing risk or considering litigation.
