Andrew McCoomb

The defendant sought leave to appeal an order dismissing its motion for partial summary judgment.

The motion judge had found a genuine issue for trial regarding whether the plaintiff's claim for unpaid bonuses was statute-barred, applying the discoverability principles under the Limitations Act, 2002.

The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motion judge's decision, particularly given the fact-specific nature of the discoverability issue in the employment context.