Court File and Parties

Court of Appeal for Ontario Date: 20200221 Docket: C66879

Simmons, van Rensburg and Harvison Young JJ.A.

Between

Hydroclave Systems Corp. Plaintiff (Respondent)

and

Stephen Gammon and Secker Ross & Perry LLP Defendants (Appellants)

Counsel: Simon Bieber and Michael Darcy, for the appellants Robert J. Reynolds, for the respondent

Heard: February 20, 2020

On appeal from the order of Justice Patrick Hurley of the Superior Court of Justice, dated March 27, 2019, with reasons reported at 2019 ONSC 1959.

Appeal Book Endorsement

[1] The appellant appeals from a summary judgment holding this action for professional negligence is not statute barred by the Limitations Act, 2002.

[2] Even assuming the motion judge conflated his analysis of ss. 5(1)(a)(iii) and (iv) of the Act, he nevertheless made findings supporting the conclusion that the respondent neither knew or ought to have known that its loss was caused or contributed to by the appellant’s acts or omissions.

[3] Contrary to appellant’s submissions these findings were open to the motion judge based on the record before him. No palpable and overriding error has been demonstrated. The appeal is therefore dismissed.

[4] Costs of the appeal are to the respondent on a partial indemnity scale fixed in the amount of $20,377 inclusive of disbursements plus HST.