The appellants appealed the dismissal of their action on a motion for summary judgment, which was found to be statute-barred under the Limitations Act, 2002.
The motion judge concluded the claim was discovered by August 21, 2015, more than two years before the action was commenced.
The Court of Appeal upheld the motion judge's decision, finding no error in the interpretation or application of the discoverability principle under s. 5 of the Limitations Act, 2002, specifically regarding when a proceeding is an "appropriate means to seek to remedy" a loss.
The court rejected the argument that the appropriateness of litigation includes an assessment of its prospect of success or the ability to marshal evidence.
