Dale v. FrankPosted March 13, 2017
2017 ONCA 32 (CanLII); 2017 CanLII 66745 (SCC); Lerners acted for the defendants in five successful motions for summary judgment based on the limitation period. In affirming the judgment on all five motions, the Court of Appeal provided helpful guidance that a claimant need not know that a defendant’s act or omission was “culpable” for the alleged loss to be discovered. As well, the court held that the motion judge’s findings of knowledge with respect to the first three elements of discoverability in section 5(1)(a) of the Limitations Act, 2002 were sufficient to infer a finding on the fourth element as well. The appellants were granted leave to file a single application for leave to appeal to the Supreme Court of Canada. Lerners acted for the defendants again and the application for leave was dismissed with costs by the Supreme Court of Canada.