The appellants commenced an action in nuisance and negligence against the respondent municipality for property damage allegedly caused by heavy truck traffic vibrations.
The action was commenced after the Ontario Municipal Board declined jurisdiction over the appellants' injurious affection claim.
The motion judge dismissed the civil action as statute-barred under the two-year limitation period.
On appeal, the Court of Appeal upheld the application of the two-year limitation period and the finding that it was not legally appropriate to wait for the OMB decision before commencing the civil action.
However, the Court allowed the appeal in part, finding a genuine issue for trial regarding whether the municipality engaged in ongoing wrongful conduct causing damage within the two years prior to the statement of claim.
