The plaintiff was injured when she fell off an elevated dance floor at a nightclub.
She sued the nightclub, but later learned during discoveries that the landlord may have been involved in renovating the dance floor.
She subsequently sued the landlord, who moved for summary judgment arguing the claim was statute-barred.
The motion judge found the claim was not discoverable until the discovery of the nightclub's representative.
The Court of Appeal dismissed the landlord's appeal, finding no error in the motion judge's conclusion that the plaintiff had not shown a lack of diligence in investigating the claim.