The defendants brought a motion for summary judgment to dismiss the plaintiffs' claim for negligent investigation as statute-barred.
The court found that a legal opinion obtained by the plaintiffs was admissible and that their claims were indeed statute-barred under the Limitations Act, 2002.
Specifically, Mr. MacNeil's claim for negligent investigation failed because entering a peace bond is not considered a termination of criminal proceedings in his favour, a prerequisite for the tort.
Both plaintiffs' claims were deemed discoverable much earlier than they argued, as they had received legal advice outlining potential legal action and the applicable limitation period.
The court dismissed the action, granting summary judgment to the defendants.
