The plaintiff commenced an action against a paving company for breach of contract regarding defective pavement.
Years later, the plaintiff discovered a concealed engineering report revealing that the original design specifications provided by an engineering firm were deficient.
The plaintiff successfully moved to add the engineering firm as a defendant.
The engineering firm appealed, arguing the claim was statute-barred.
The Divisional Court dismissed the appeal, holding that the discoverability rule applies to the 12-month limitation period under s. 46(1) of the former Professional Engineers Act, meaning the limitation period did not begin until the plaintiff discovered the report.
