The defendants, former solicitors for the plaintiff, brought a motion for summary judgment to dismiss the plaintiff's negligence action on the basis that it was commenced beyond the two-year limitation period.
The plaintiff alleged negligence in drafting condominium documents, leading to a substantial reduction in a prior award.
The court found that the plaintiff discovered or ought to have discovered its claim against the defendants no later than July 7, 2017, when a prior court endorsement specifically addressed the inadequacy of disclosure, which was attributable to the defendants' drafting.
As the action was commenced on November 19, 2019, it was barred by the Limitations Act.
The motion for summary judgment was granted, and the action was dismissed.