The appellant trustee in bankruptcy appealed the dismissal of its motions for summary judgment and to strike portions of the respondent's claim.
The respondent, an interim receiver, sued the appellant for breach of fiduciary duty.
The appellant argued the claim was statute-barred and an abuse of process.
The Court of Appeal upheld the motion judge's finding that the limitation period did not begin until the respondent received withheld reports containing material facts, and found no error in the dismissal of the abuse of process motion.
The appeal was dismissed.
