The plaintiffs sought damages for nuisance and statutory liability under the Municipal Act, 2001, alleging property damage from increased truck traffic.
Both parties brought competing summary judgment motions.
The court found the plaintiffs' claim was statute-barred under the Limitations Act, 2002, as it was discovered in February 2009, making the January 2018 action outside the two-year limitation period.
The court rejected the application of the ten-year Real Property Limitation Act and the "rolling" cause of action.
Additionally, the court held that the statutory duty of care under s. 44 of the Municipal Act, 2001, was owed to the travelling public, not adjoining landowners.
Consequently, the defendant municipality's motion for summary judgment was granted, and the plaintiffs' motion was dismissed.
