The appellant, Essex Condominium Corporation No. 125 (ECC 125), appealed a partial summary judgment that dismissed its claim for unpaid common expense fees against the respondents based on a limitations defence.
The Court of Appeal found that the motion judge erred by reversing the burden of proof on the issue of discoverability under the Limitations Act, incorrectly placing the onus on the plaintiff to disprove that its claim was statute-barred.
The Court clarified that the burden remains on the defendant to prove the claim was discoverable.
The appeal was allowed, setting aside the summary judgment, and directing the claim for unpaid common expense fees to proceed to trial.
