The appellant, Gordon Dunk Farms Ltd., appealed a summary judgment decision that found its action for negligence and breach of contract against the respondents (designers, contractors, and concrete workers) was statute-barred due to the expiration of the limitation period.
The action stemmed from the collapse of a hog barn.
The motion judge found that the appellant's principals knew or ought to have known the material facts constituting their claim by May 12, 2014, more than two years before the action was commenced on May 24, 2016.
The Court of Appeal affirmed that a "claim" under the Limitations Act, 2002, does not require knowledge of every specific act or omission, but rather sufficient facts to draw a plausible inference of liability.
The appeal was dismissed, confirming the action was statute-barred against all respondents.
