The plaintiff contractor sued the defendant homeowners for unpaid invoices related to a major home renovation.
The defendants moved for summary judgment, arguing the claim was statute-barred under the Limitations Act, 2002.
The plaintiff argued the limitation period was tolled due to mediation and the defendants' enrollment in the Tarion warranty process.
The court dismissed the motion, finding that the complex factual matrix and the interplay between the Tarion process and the construction contract could not be fairly and justly adjudicated on a summary record without a full trial.
