The defendant NCO Financial Services, Inc. brought a motion for summary judgment to dismiss the plaintiff's action on the basis that the limitation period had expired.
The plaintiff claimed unlawful wage deductions from his employment in India between 2008 and 2009.
The court found that the plaintiff had actual knowledge of his claim by July 25, 2011, at the latest, when he sent a draft statement of claim to NCO.
The action was commenced in December 2015, more than two years after the claim was discovered.
The plaintiff's arguments regarding delayed discoverability and legal disability due to his psychological condition were rejected due to insufficient evidentiary support, particularly the absence of medical evidence.
The motion for summary judgment was granted, and the action against NCO was dismissed.