The defendant moved for summary judgment to dismiss the plaintiffs' action, alleging it was statute-barred by the Limitations Act, 2002, or alternatively, by an executed release.
The action concerned alleged defects in the basement floor slab of a new home.
The court found that the plaintiffs had discovered their claim well before the two-year limitation period preceding the statement of claim's issuance and that ongoing communications or investigations did not extend the period.
The court also upheld the validity of a release signed by the plaintiffs.
