The appellant purchased an electric vehicle and later discovered its range was significantly lower than advertised.
He communicated with the respondents for months before discovering they had secretly lowered the advertised range on their website.
The Small Claims Court dismissed his misrepresentation claim on summary judgment, finding it was statute-barred.
On appeal, the Divisional Court set aside the dismissal, holding that the Deputy Judge failed to apply the proper test for summary judgment and that the date of discoverability and potential tolling of the limitation period due to the respondents' conduct were triable issues.
