John Dempster

The defendants brought a motion for summary judgment to dismiss the plaintiffs' environmental contamination action on the basis that it was commenced after the expiry of the two-year limitation period.

The plaintiffs argued that the limitation period was tolled under s. 5(1)(a)(iv) of the Limitations Act because the ongoing involvement of the Ministry of the Environment constituted an alternative process, making a court proceeding inappropriate.

The court held that the Ministry's involvement did not toll the limitation period because it was not an alternative dispute resolution process with a reasonably ascertainable end date, and the plaintiffs' decision to delay litigation was tactical.

The motion for summary judgment was granted and the action was dismissed.

The defendants brought a motion to strike the plaintiff bankruptcy trustee's claims for the return of usurious interest and unlawful commissions paid as part of a Ponzi scheme.

The defendants argued the claims were statute-barred and that breach of statute is not a valid civil cause of action.

The court dismissed the motion, finding that the limitation period did not begin to run until the trustee completed its investigation into the complex fraud.

The court also granted the plaintiff's cross-motion to amend the pleadings to explicitly frame the claims in unjust enrichment.