Limitations Act could bar a claim for contribution and indemnity
which arose from a contract as opposed to a claim in negligence.
 In Canaccord, Sharpe J.A. highlighted the intended
expanded scope of s. 18 of the Limitations Act as being equally
applicable to a claim which arises in respect of a tort or in contract. However, as in Waterloo, the Court of Appeal in Canaccord
makes no mention of the specific principles established in Giffels
or the right of parties to contractually determine their liability
to each other.
 There is no suggestion in either of these Court of Appeal
authorities that s. 18 of the Limitations Act should be interpreted as bringing an end to the ability for contractual agreements to set out the conditions of liability one party may have to
 In the end, I am of the view that s. 18 of the Limitations
Act does not bring an end to the long standing principles enunciated in Giffels absent clear direction of the Court of Appeal
that this section applies to contractual limitation periods. The
validity of contractual limitation periods was acknowledged in
HSBC. Absent clear judicial authority to the contrary, I am of
the view that principles of Giffels continue to be the applicable
law in Ontario and that it remains available to contracting
parties to limit the scope of liability in a contract. Consequently,
the right of a party to claim contribution and indemnity against
another party is lost where the plaintiff’s rights to advance
a claim have been extinguished by contract.
 The decision of the motion judge dated May 25, 2016 is
therefore set aside and summary judgment shall be granted
dismissing the third party claim of David Weidberg against Stan
P. Makow and Makow Associates Architect Inc. with costs.
 The parties were in agreement on the issue of costs
depending on the outcome of the appeal; however, it was not
specified if those costs included the motion for leave to appeal
and the costs of the third party claim. If the parties require any
further adjudication on the issue of costs, they may provide written submissions within 30 days. On consent, the appellants are
entitled to their costs of this appeal fixed at $18,000, inclusive of
taxes and disbursements.