The appellant operated a restaurant in a mall and sued the landlord and property manager for negligence and breach of contract, alleging construction activities caused its business to fail.
The motion judge granted summary judgment dismissing the action, finding the appellant ought to have discovered its claim more than two years before commencing the action.
The Court of Appeal allowed the appeal, holding that whether the claim was discovered when the business was struggling or when it finally closed was a genuine issue requiring a trial.
