The appellant appealed a Small Claims Court decision dismissing his claim against CIBC for allegedly damaging his credit rating.
The trial judge had found the claim was statute-barred and that there was no basis in law for finding CIBC liable.
On appeal, the Divisional Court upheld the trial judge's findings, concluding that the appellant was aware of his credit issues more than two years before commencing the action, and that the continuous act provisions of the Limitations Act did not apply.
The appeal was dismissed with costs.