The Minister of Transportation (MTO) sued J & P Leveque Bros.
Haulage Ltd. (Leveque) for approximately $1.8 million, representing a refund of a provisional award made by a Referee Panel under a construction contract.
Leveque brought a motion for summary judgment, arguing that MTO's claim was time-barred by a contractual limitation period within their business agreement, which supplanted the statutory limitation period under the Limitations Act, 2002.
The court agreed with Leveque, finding that the contractual limitation period was clear and applicable, and that MTO had failed to comply with its own contract's timelines.
The court dismissed MTO's arguments that Leveque caused the delay or that MTO should be granted relief from forfeiture.
