Appeal allowed and action for defective shingles dismissed as statute-barred due to the discoverability rule.
The appellant manufacturer appealed a Small Claims Court judgment awarding the respondent damages for defective roofing shingles.
The appellant argued the action was statute-barred under the Limitations Act, 2002.
The Divisional Court agreed, finding that the respondent knew or ought to have known the identity of the manufacturer more than two years before commencing the action, based on correspondence from his insurer and a product colour guide in his possession.
The appeal was allowed and the action dismissed.
Nothdurft v. CanRoof Corporation., 2013 ONSC 7309
