The plaintiff commenced an action for breach of contract and to enforce a rent abatement ordered by the Landlord and Tenant Board over six years after vacating the defendant's apartment.
The defendant brought a cross-motion to dismiss the claim.
The court found that the cause of action arose in 2009 and the claim was not filed until 2016.
The action was dismissed as statute-barred under s. 4 of the Limitations Act, 2002, and costs were awarded to the defendant.