The plaintiff, Steele Industrial Supplies Inc., sued its former bookkeeper, Sharon Elliott, and the estate of her late husband for damages arising from theft and unjust enrichment.
Steele moved for summary judgment, while the defendants cross-moved to dismiss the action on the basis that it was statute-barred by the limitation period.
The court dismissed the defendants' motion, finding that the limitation period commenced when Elliott confessed to the theft, not when the fraud was merely suspected.
The court allowed Steele's motion in part, establishing Elliott's liability for the misappropriated funds and the Estate's liability for unjust enrichment, but determined that the precise quantum of damages required a trial due to conflicting expert evidence.
A trial management conference was ordered to address the damages issue and costs.
