The court granted summary judgment in favour of Makita Canada Inc., dismissing Mark Hennebury’s personal injury action as statute-barred by the 15-year ultimate limitation period under the Limitations Act, 2002.
The court found that the alleged negligence related to the manufacture and distribution of a power router occurred more than 15 years before the action was commenced, and that there was no continuing cause of action to toll the limitation period.
The court also held that the matter was suitable for summary judgment and did not require a trial to resolve credibility issues.
