Christine Ellis

The plaintiff's property experienced flooding and damage due to storm sewer installation by the defendant City in 2002.

The plaintiff commenced an action in 2021, alleging negligence.

The City brought a motion for summary judgment, arguing the claim was statute-barred by both the ultimate 15-year limitation period and the two-year basic limitation period under the Limitations Act, 2002.

The court found that the claim was based on a singular act of negligence in 2002, not a continuous act, and that the plaintiff had sufficient knowledge to commence proceedings well before the two-year period expired.

Consequently, the court dismissed the plaintiff's action, finding it statute-barred.

This is an appeal from an order directing the payment of funds held in court (net proceeds from a home sale) to the respondent in partial satisfaction of a summary judgment against Paige Imola.

The appellant, Luigi Imola, had transferred his interest in the home to his wife, Paige Imola, years prior to avoid creditors.

He argued for a resulting trust over half the funds.

The Court of Appeal dismissed the appeal, finding that the motion judge's factual findings, including the appellant's intention to gift the property and his subsequent actions, rebutted any presumption of a resulting trust.