The moving parties sought summary judgment dismissing claims alleging that the plaintiffs were defrauded when their share in a real estate syndicate held through a trust was misappropriated and transferred to the moving parties.
The motion argued the claims were statute‑barred under the Limitations Act, 2002 because the plaintiffs discovered the claim by 2005 but did not join the moving parties until 2008.
The court held that if the Limitations Act, 2002 applied, the claim would be out of time; however, uncertainty remained whether the Real Property Limitations Act governed claims seeking equitable interests in land.
Because it was unclear which statutory regime applied, a genuine issue requiring a trial existed regarding the applicable limitation period.
Summary judgment was therefore inappropriate.
