The appellant appealed the dismissal of its motion to add respondents as defendants to a lawyer's negligence and breach of fiduciary duty action, arguing the motion judge erred in determining the limitations issue on a motion to amend.
The Court of Appeal found no error, holding the appellant failed to adduce evidence to rebut the statutory presumption of discoverability under s. 5(2) of the Limitations Act, 2002, and the claims were statute barred as the motion was brought more than two years after discovery according to the unrebutted presumption.
