The defendants brought a motion for summary judgment to dismiss the plaintiff's action claiming ownership of a family corporation on the basis that it was statute-barred.
The plaintiff argued that the limitation period was suspended under s. 7 of the Limitations Act, 2002 due to his mental incapacity.
The court found that the plaintiff knew or ought to have known the material facts of his claim for a resulting trust by 2002, when he began demanding the corporation back.
As the claim was discovered well before the action was commenced in 2012, the action was statute-barred and dismissed.
