The plaintiff commenced four separate actions arising out of the bankruptcy and subsequent death of a lawyer.
The defendants brought motions for summary judgment to dismiss the actions, primarily arguing they were barred by the applicable limitation periods.
The court granted summary judgment dismissing the Bankruptcy Trustee Action and the Client Assigned Claims Action (with one minor exception), finding they were commenced after the expiry of the two-year limitation period and there was no genuine issue for trial regarding discoverability.
However, the court denied summary judgment for the s. 38 BIA Action and the Copyright Action, finding genuine issues requiring a trial regarding when the plaintiff knew or ought to have known of the injuries and whether the copyrighted materials were used during the relevant period.
