The defendants brought a motion for summary judgment to dismiss the plaintiffs' action regarding a collapsed hog barn, arguing it was barred by the 15-year ultimate limitation period under the Limitations Act, 2002.
The plaintiffs argued the limitation period was tolled due to the defendants' wilful concealment of construction deficiencies.
The court found a genuine issue requiring a trial regarding the fraudulent concealment exception for the corporate defendants and dismissed their motion.
However, the court granted summary judgment dismissing the action against the individual engineer defendants, finding they were protected by a limitation of liability clause in their employer's contract.
