The appellant appealed the motion judge's decision granting summary judgment in favour of the respondent and finding the action was statute-barred.
The damage to the appellant's building was discovered on October 4, 2019, by the property manager.
The Court of Appeal upheld the motion judge's finding that the presumption under s. 5(2) of the Limitations Act, 2002 was not rebutted and that the claim was discoverable on October 4, 2019.
The appeal was dismissed.
