The defendants brought a motion for summary judgment dismissing the plaintiff’s claim arising from the alleged purchase of a machining business and sought judgment on a counterclaim for the unpaid balance of the purchase price.
The plaintiff alleged fraudulent misrepresentation, failure to transfer shares, undisclosed tax liabilities, and other equitable claims including unjust enrichment and constructive trust.
The court held that the record disclosed genuine issues for trial regarding whether the shares were ever transferred, whether misrepresentations were made, and whether the plaintiff’s claim was discoverable only after learning of the alleged misconduct in 2010.
The court also found the claim was not statute‑barred under the Limitations Act due to the discoverability principle and possible fraudulent concealment.
Summary judgment was refused and the matter was directed to proceed to trial.
