The defendants by counterclaim, Robert Mammone and S.O.R.A. Real Estate & Insurance Ltd. o/a MIC Financial (the "Brokers"), moved for summary judgment to dismiss Mary Kosta-Cadas's counterclaim against them, arguing it was statute-barred by the applicable limitation period.
Mrs. Kosta-Cadas's claim was for contribution and indemnity in negligence, alleging the Brokers failed to ensure she understood and signed mortgage and renewal documents.
The central issue was the interpretation of section 18 of the Limitations Act, 2002, specifically whether the discoverability principle could cause the limitation period for an indemnity claim to start before the main action was served on the party seeking indemnity.
The court dismissed the Brokers' motion, holding that the limitation period for Mrs. Kosta-Cadas's indemnity claim commenced when she was served with the main action, not when she first became aware of potential issues with the mortgage.
