The defendant brought a Rule 21.01(1)(a) motion to dismiss the plaintiff’s action as statute‑barred under the Limitations Act, 2002.
The plaintiff alleged breach of contract, negligence, negligent misrepresentation, and breach of duty after frozen poultry products stored at the defendant’s facility were discovered missing in 2006.
The plaintiff argued that it did not discover its claim until 2010 when an internal investigation report revealed security deficiencies and prior knowledge of thefts.
The court held that the pleaded facts showed the plaintiff knew or ought to have known of the material facts supporting a claim in 2006–2007 when it demanded compensation from the defendant.
Applying the discoverability principles under s. 5 of the Limitations Act, 2002, the court concluded the two‑year limitation period had expired and dismissed the action.
