The plaintiffs commenced an action alleging misrepresentation in connection with the purchase of a residential property, claiming the vendors falsely represented that the property had no flooding, water issues, or prior renovations.
Evidence showed that the purchasers discovered moisture, rot, and structural concerns within the first two years after closing.
The defendants raised a limitation defence under the Limitations Act.
The court held that the purchasers had sufficient knowledge of material facts to trigger discoverability well before the action was issued, and that reasonable inquiry would have revealed the alleged misrepresentation earlier.
The action was therefore statute‑barred.
