The appellant appealed the dismissal of two Small Claims Court actions for unpaid construction funds and holdback.
The trial judge had dismissed the claims as statute-barred under the Limitations Act, 2002.
On appeal, the Divisional Court found that the trial judge erred in calculating the limitation period for the holdback funds, as the Construction Lien Act dictates when holdback becomes payable.
The claims for holdback were issued within the limitation period.
However, the trial judge correctly concluded that the claims for regular contract funds and lost profits were statute-barred.
The appeal was allowed in part, and the holdback claims were remitted for trial.
