The appellant appealed a Small Claims Court decision dismissing his claim for the return of $25,000 he alleged was misappropriated by the respondents.
The trial judge found the action was statute-barred under the Limitations Act and that there was no evidence of fraud to extend the limitation period.
The Divisional Court dismissed the appeal, finding the trial judge made no palpable and overriding error in his factual findings regarding discoverability and the absence of fraud.
