The respondent, Andritz va Tech Hydro Limited, brought a motion for summary judgment seeking to dismiss the applicant's, Stonequest Management Inc., claim for outstanding utility payments on the grounds that it was statute-barred by the Limitations Act, 2002, or alternatively, the Real Property Limitations Act.
The court applied the test for summary judgment from Hyrniak v. Mauldin and found that the claim was discovered no later than December 9, 2013, making the action, commenced on December 22, 2015, outside the two-year limitation period under the Limitations Act.
The court also determined that the six-year limitation period under the Real Property Limitations Act did not apply, as utility costs, even if designated as "additional rent" in the lease, do not fall within the objective meaning of "rent" for the purposes of that Act, following Pickering Square Inc. v. Trillium College Inc. Consequently, the applicant's claim was statute-barred, and the respondent's motion for summary judgment was granted, dismissing the action.
