CITATION: Kumar v. Mastech Systems Corp, 2009 ONCA 837
DATE: 20091126
DOCKET: C50747
COURT OF APPEAL FOR ONTARIO
MacPherson, Simmons and LaForme JJ.A.
BETWEEN:
Neeraj Kumar
Plaintiff/Applicant
and
- Mastech Systems Corp (New Name: Igate Capital Corp) and its Founders: Sunil Wadhwani & Ashok Trivedi and Overseas Mgr: Brett Proud
- Mastech Quantum (Branch of Mastech Systems Corp) and its Employees: King Moore and Anoop Sinha
Defendants/Respondents
Neeraj Kumar, in person
C. Kennedy, for the respondent Mastech Systems Corp et al. James Round, for the respondent Mastech Quantum
Heard: November 25, 2009
On appeal from the order of Justice Craig Perkins of the Superior Court of Justice dated July 9, 2009.
APPEAL BOOK ENDORSEMENT
[1] The motion judge was correct in holding that the applicable limitation period had expired. The material filed by the appellant on the motion did not rise to the level of creating a genuine issue for trial concerning whether the appellant lacked the capacity to initiate proceedings within the limitation period. The appeal is therefore dismissed.
[2] Costs of the appeal to the respondents are fixed at $2000.00 inclusive of G.S.T. and disbursements.