The plaintiffs brought an action alleging solicitor negligence arising from a share purchase transaction involving a property previously used as a gas station.
The solicitor defendants admitted a breach of duty for failing to disclose the property's prior use but sought summary dismissal on the basis that the claim was statute‑barred under the Limitations Act.
The court held that reasonable discoverability arose when a prospective purchaser abandoned a resale transaction due to contamination concerns, triggering the two‑year limitation period.
Because the action was commenced after the limitation period expired, the claim against those defendants was dismissed.
Claims against other lawyer defendants raised genuine issues of fact regarding the scope of retainer and limitation warnings and were permitted to proceed to trial.
