The appellant appealed the dismissal of his action under Rule 21.
The motions judge had dismissed the action, framed in negligence and breach of fiduciary duty, on the basis that it was brought after the expiry of the six-year limitation period and did not properly plead fiduciary duty.
The Court of Appeal granted the appellant leave to amend his statement of claim to address discoverability and properly plead breach of fiduciary duty, on the condition that he pay the respondents' costs of $3,500 within 30 days.
