The defendant brought a motion for summary judgment seeking dismissal of a breach of contract action on the basis that the claim was statute‑barred under the Limitations Act, 2002.
The dispute centred on discoverability and when a reasonable person in the plaintiff’s circumstances ought to have known that a loss had occurred and that a proceeding would be an appropriate remedy.
The court applied the Court of Appeal’s guidance in Combined Air Mechanical Services Inc. v Flesch concerning the “full appreciation” test for summary judgment under Rule 20.04(2.1) of the Rules of Civil Procedure.
Given the voluminous record and conflicting evidence regarding the parties’ knowledge and accounting expertise, the court held that multiple credibility findings would be required.
The interest of justice therefore required that the matter proceed to trial.
