The defendants brought a motion for summary judgment to dismiss the plaintiff's action as statute-barred under the Limitations Act, 2002.
The plaintiff, a former articling student of the defendants, alleged the defendants made defamatory statements about her failure to disclose official law school transcripts.
The court found that the plaintiff was aware of the allegedly defamatory statements by 2012 at the latest, during prior tribunal proceedings.
As the action was commenced in 2018, well beyond the two-year limitation period, and the plaintiff failed to adduce evidence rebutting the presumption of discoverability, the court granted summary judgment and dismissed the action.