2 total
Appeal dismissed; breach of contract claim statute-barred as cause of action arose over two years prior.
The appellants, custom kitchen distributors, sued the respondent manufacturer for breach of contract after the respondent closed its business in 2008.
The respondent successfully moved to dismiss the action under Rule 21.01(1)(a) on the basis that the two-year limitation period had expired before the claim was issued in July 2011.
The Court of Appeal upheld the motion judge's decision, agreeing that the pleadings and particulars established the cause of action arose no later than the end of 2008 and discoverability was not an issue.
Court orders most refusals and undertakings answered following discovery dispute.
The plaintiffs brought a motion concerning undertakings, refusals, and questions taken under advisement arising from examinations for discovery.
The court reviewed disputed undertakings and refusals involving several witnesses and determined which questions were relevant and required answers.
Many undertakings and refusals were ordered to be answered where the information was relevant and no sufficient basis for commercial sensitivity or irrelevance had been established.
Some requests were found overly broad or premature and were not required at that stage.
The plaintiffs were found substantially successful and awarded partial indemnity costs.
