On a motion for partial summary judgment, a defendant sought dismissal of the action against it as statute-barred under ss. 4 and 5 of the Limitations Act, 2002.
The court held that the limitation issue was a discrete issue suitable for partial summary judgment under the governing appellate framework.
The court found that the material facts supporting a negligence claim against the moving party were known, or ought reasonably to have been known, when counsel received and reviewed the police materials, not when a later witness interview was obtained.
As the claim against the moving party was deemed commenced more than two years after that discovery date, the action against that defendant was dismissed.
