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Known material facts defeated wilful concealment and barred the historic claim.
The appellant challenged an order striking his claim alleging a long-running campaign of defamation and economic harm connected to securities-regulatory proceedings.
The Court of Appeal held that the action was barred by the ultimate 15-year limitation period under s. 15 of the Limitations Act, 2002 because the pleadings showed that the appellant knew the material facts underlying his claims by no later than 2004.
The court interpreted s. 15(4)(c) as tolling the ultimate limitation period only where wilful concealment or misleading by the defendant prevented discovery of the claim, and found that requirement was not met on the pleaded facts.
Leave to cross-appeal costs was granted, the no-costs order was set aside as an error in principle, and partial indemnity costs of the motion and agreed appeal costs were awarded to the respondents.
