R. Betts

The defendants brought motions for summary judgment to dismiss the plaintiff's action for property damage caused by a ruptured sprinkler system, arguing the claim was statute-barred.

The plaintiff argued the limitation period did not begin until it received its expert's formal report.

The court found that the plaintiff had sufficient knowledge of the material facts to base an allegation of negligence against the defendants well before the formal report was delivered, based on preliminary communications with the expert.

The motions were granted and the action was dismissed as it was commenced outside the two-year limitation period.

The plaintiffs sued the defendants for negligence, occupier's liability, and breach of the Liquor Licence Act after the plaintiff suffered a severe spinal injury in a mosh pit at a heavy metal concert.

The defendants brought a motion for summary judgment.

The court found no evidence that the injury was reasonably foreseeable or that the defendants breached the standard of care, noting that security guards were present and actively monitoring the crowd.

The court granted the summary judgment motion and dismissed the action.