The appellant, a gas station operator, appealed the dismissal of its counterclaim against its former landlord and two former employees.
The employees had secretly negotiated a head lease for the gas station premises after the appellant's lease expired and it refused the landlord's terms.
The trial judge dismissed the appellant's claims for breach of fiduciary duty and inducing breach of contract as statute-barred, finding the appellant knew of the employees' actions more than two years before filing the counterclaim.
The Court of Appeal upheld the trial judge's factual findings on discoverability and the lack of intent by the landlord to induce a breach of contract, dismissing the appeal.
