The defendant municipality brought a motion for summary judgment to dismiss the plaintiff's action regarding sewer system issues.
The plaintiff conceded its existing claims but sought to amend its statement of claim to add causes of action in negligence and negligent misrepresentation.
The court found that the plaintiff discovered the alleged negligence by late 2003 when it began constructing its own sewage lift station.
The court rejected the plaintiff's argument that the negligence was a continuing cause of action.
As the limitation period had expired, the proposed amendments were statute-barred, constituting non-compensable prejudice.
The motion to amend was denied and the action was dismissed.