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Employer's misrepresentation regarding severance entitlements constituted fraudulent concealment, tolling the statutory limitation period.
The appellant employer appealed a Divisional Court decision quashing a Referee's ruling that the respondent employee's claim for severance pay under the Employment Standards Act was statute-barred.
The employee had delayed filing his claim because the employer falsely represented in his termination letter that his early pension option exceeded provincial requirements.
The Court of Appeal dismissed the appeal, finding the Referee's interpretation of the limitation period and refusal to apply the doctrine of fraudulent concealment to be unreasonable.
Appeal dismissed; action to recover loan not statute-barred due to appellant's repeated acknowledgments of the debt.
The appellant appealed a judgment ordering him to repay a $90,000 loan to the respondent estate.
The appellant argued the action was barred by the six-year limitation period because the loan arose from a promissory note with a fixed repayment date of November 30, 1990.
The Court of Appeal dismissed the appeal, upholding the trial judge's finding that the debt was a continuing one and that the appellant had acknowledged the debt on multiple occasions, taking it outside the limitation period.
