The plaintiffs sought damages for negligence related to a soil bearing capacity report.
The defendants moved for summary judgment, arguing the claim was statute-barred under the Limitations Act, 2002.
The court found that the plaintiffs had discovered the material facts giving rise to their claim by October 2016, more than two years before commencing the action in January 2019.
The court rejected arguments that expert reports or ongoing discussions with the defendants and their insurer postponed the discoverability date, emphasizing that certainty of causation is not required and settlement negotiations do not extend limitation periods.
The motion for summary judgment was granted, and the action was dismissed as prescribed.
