The defendant lawyer brought a summary judgment motion dismissing a negligence action as statute‑barred under the Limitations Act, 2002.
The plaintiffs alleged they intended to acquire a 50 percent ownership interest in a corporation but instead obtained only 49 percent, and argued the limitation period was delayed because they believed the lawyer would resolve the issue.
The court held the claim was discovered when the plaintiff became aware of the altered share structure and contemplated legal action, as evidenced by contemporaneous emails.
Statements discouraging litigation or attempts to resolve the matter did not prevent the limitation period from running.
The action commenced more than two years later was therefore barred.
