The appellants appealed a Small Claims Court decision dismissing their limitation period defence in a dispute over a 2009 condominium purchase.
The respondent commenced the action in 2015 after being denied use of a second parking spot in 2013.
The Divisional Court found that the Deputy Judge erred in law by failing to apply the presumption of knowledge under s. 5(2) of the Limitations Act, 2002, which shifts the burden to the plaintiff to prove they did not know of the claim.
The appeal was granted and the limitation issue was remitted back to the Small Claims Court to be decided at trial.
