The defendants brought a motion for summary judgment to dismiss the plaintiffs' action for negligent construction of a cottage and retaining wall, arguing the claim was statute-barred.
The plaintiffs experienced slope failure and retaining wall movement in 2009 and received an engineering report identifying the issue, but did not commence their action until 2013.
The court found that the plaintiffs knew the basic essential facts giving rise to a claim upon receiving the 2009 engineering report.
The motion for summary judgment was granted and the action was dismissed.
