The plaintiff's property experienced flooding and damage due to storm sewer installation by the defendant City in 2002.
The plaintiff commenced an action in 2021, alleging negligence.
The City brought a motion for summary judgment, arguing the claim was statute-barred by both the ultimate 15-year limitation period and the two-year basic limitation period under the Limitations Act, 2002.
The court found that the claim was based on a singular act of negligence in 2002, not a continuous act, and that the plaintiff had sufficient knowledge to commence proceedings well before the two-year period expired.
Consequently, the court dismissed the plaintiff's action, finding it statute-barred.