David Shafin Alli

The appellant appealed from a motion judge's order dismissing her wrongful dismissal claim.

The motion judge dismissed the claim on two independent grounds: first, that the Superior Court lacked jurisdiction because the claim arose from the interpretation and application of a collective agreement; and second, that the claim was statute-barred under the Limitations Act, 2002.

The Court of Appeal dismissed the appeal on the limitation period issue alone, finding that although the appellant's claim was discoverable in late April or mid-May 2020, limitation periods were suspended due to the COVID-19 pandemic until September 14, 2020.

The two-year limitation period therefore commenced on September 14, 2020, and expired on September 14, 2022.

The appellant commenced her claim on October 27, 2022, which was outside the limitation period.

The appellant, Duca Financial Services Credit Union Ltd., appealed a Master's order declining to recuse himself from hearing a motion to set aside an administrative dismissal of an action.

Duca Financial alleged a reasonable apprehension of bias based on the Master's case management actions and comments during the recusal motion.

The court dismissed the appeal, finding no reasonable apprehension of bias was established, and affirmed the Master's decision to continue hearing the motion.