Under the former limitation act, a court could consider delay and prejudice in determining whether to allow third party proceedings to be commenced after the limitation period had expired. This is no longer the case. The Court of Appeal in Sohal v. Lezama recently held that a court does not have the discretion to permit a third party notice for contribution and indemnity if the limitation period has expired under the current limitation act. The two-year limitation period starts to run on the “discovery” of the claim, which is the later of: (1) date the defendant was served with the Notice of Civil Claim; or (2) the first day the defendant knew or ought to have known that it could claim contribution or indemnity. Remember to give timely consideration to potential third party claims for contribution and indemnity in order to preserve your client’s right to make these claims.