Mark Samuel Dunn

The appellant appealed an order finding his proposed counterclaim for fraud, breach of fiduciary duty, and misrepresentation was statute-barred.

The Court of Appeal dismissed the appeal, finding the appellant was aware of the restrictions on his share redemption rights more than two years before issuing the counterclaim.

The Court also rejected the appellant's new argument that a six-year limitation period under the Securities Act applied.

The appellants appealed an order of the motions judge which concluded that there was no real and substantial connection to support jurisdiction and that jurisdiction should be declined on the ground of forum non conveniens.

The Court of Appeal dismissed the appeal, agreeing with the motions judge's cogent and persuasive reasons and finding no grounds to interfere with the result.