The defendants appealed an order dismissing their motion for summary judgment.
The plaintiff sued for breach of a commercial lease after the defendants sold the property without honouring the plaintiff's right of first refusal.
The defendants argued the action was barred by a one-year contractual limitation period.
The Divisional Court dismissed the appeal, holding that whether the discoverability rule applies to a contractual limitation period is a genuine issue for trial, as is the factual question of when the plaintiff ought reasonably to have discovered the breach.
