The defendants moved for summary judgment to dismiss the plaintiff's claim based on the expiration of the limitation period.
The plaintiff alleged misappropriation of software and breach of non-disclosure agreements and fiduciary duties.
The court applied the discoverability principle under the Limitations Act, 2002, finding that the plaintiff did not discover its claim until September 11, 2009, when it confirmed the defendants authored the disputed software.
Consequently, the action, commenced on September 9, 2011, was within the two-year limitation period.
The court dismissed the limitation defense, granting partial summary judgment to the plaintiff.
Secondary issues regarding discovery were adjourned or left to the trial judge.
