The Court of Appeal upheld a summary judgment dismissing a mortgage-related action as statute-barred.
The appellants appealed a summary judgment dismissing their action against the respondents as statute-barred under the Limitations Act, 2002.
The motion judge found the appellants discovered their potential cause of action in May 2006, but did not commence the action until April 2018, well beyond the applicable limitation periods.
The Court of Appeal found no palpable and overriding error in the motion judge's conclusion regarding the discovery date and dismissed the appeal, affirming the application of the Limitations Act.
OCACourt of AppealJan 20, 2020
