The defendant employer brought a motion for summary judgment to dismiss the plaintiff's wrongful dismissal action on the basis that it was commenced after the expiry of the two-year limitation period.
The plaintiff argued that the claim was not discoverable until settlement negotiations broke down and the employer refused to make further payments.
The court rejected this argument, finding that the plaintiff, who was represented by counsel, knew she had suffered damages and that litigation was an appropriate remedy shortly after her termination.
The motion was granted and the action was dismissed as statute-barred.
