The defendant, the Municipality of Chatham-Kent, brought a motion for summary judgment to dismiss a negligence claim by the plaintiff, 1375175 Ontario Inc., on the basis that it was statute-barred.
The plaintiff alleged negligent issuance of an Order to Comply (OTC) and negligent maintenance of records related to the multi-tenant use of a commercial building.
The court found that the plaintiff had sufficient knowledge to discover the claim more than two years before the effective commencement date of the amended claim, thus the claim was statute-barred.
The motion for summary judgment was granted, and the action was dismissed.
