The appellant, Nortex Roofing Limited, appealed a Master's decision dismissing its motion for leave to issue third-party claims in an action arising from water damage to a construction project.
The appellant argued the Master improperly converted a Rule 29 motion into a Rule 20 summary judgment motion and misapplied the discoverability test for limitation periods.
The Divisional Court dismissed the appeal, finding the Master properly exercised his discretion by considering all relevant circumstances, including undue delay and limitation defences, and correctly analyzed the Limitations Act.
