The defendants, a land surveying company and an employee, brought a motion for summary judgment to dismiss the plaintiffs' negligence claim.
The plaintiffs alleged that the defendants' reference plan incorrectly depicted a property boundary, leading to loss of access to their mill.
The defendants argued the claim was statute-barred by the Limitations Act and constituted an abuse of process due to prior related litigation.
The court dismissed the motion, finding that the claim was discovered within the two-year limitation period when the plaintiffs first learned the boundary might be wrong (August/September 2015), and that the action was not an abuse of process as it concerned distinct factual allegations from previous claims.
