The defendants brought a motion for summary judgment seeking dismissal of the plaintiff’s commercial tenancy action on the basis that it was statute‑barred under the Limitations Act, 2002.
The plaintiff alleged that construction, signage interference, and other landlord conduct caused a severe decline in its restaurant business at a shopping mall.
The court held that the limitation period began when the plaintiff knew the defendants’ conduct had caused damage to the business, not when the business ultimately vacated the premises.
Evidence from the plaintiff’s principal indicated that he knew the business was “sinking” by July 2006.
As the action was not commenced until February 25, 2009, the claim was brought outside the two‑year limitation period and was dismissed on summary judgment.
