Butera v. Mitsubishi Motors Corporation
The Court concluded the motion judge properly determined, on the record, that the claimant knew or ought to have known the basis of the claim by April 11, 2005, and because the action was commenced more than two years later it was statute-barred; the appeal was dismissed.
Source-derived case information.
- Citation
- 2013 ONCA 99
- Parties
- Appellant: Luciano Butera; Appellant: 1515404 Ontario Inc. operating as Niagara Mitsubishi; Appellant: Canterra Property Holdings Inc.; Respondent: Mitsubishi Motors Corporation; Respondent: Mitsubishi Motor Sales of America Inc.; Respondent: Mitsubishi Motors North America Inc.; Respondent: Mitsubishi Motors Credit America Inc.; Respondent: Mitsubishi Motor Sales of Canada Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 February 2013
- Procedural Posture
- Civil Appeal / Appeal Decision at Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Limitation Period, Discoverability, Statute Barred, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luciano Butera
Appellant
1515404 Ontario Inc. operating as Niagara Mitsubishi
Appellant
Canterra Property Holdings Inc.
Appellant
Mitsubishi Motors Corporation
Respondent
Mitsubishi Motor Sales of America Inc.
Respondent
Mitsubishi Motors North America Inc.
Respondent
Mitsubishi Motors Credit America Inc.
Respondent
Mitsubishi Motor Sales of Canada Inc.
Respondent
Procedural Posture
Civil Appeal / Appeal Decision at Court of Appeal
Legal Issues
- 1 Whether the action was statute-barred under the limitation/discoverability rule
- 2 Whether the motion judge had sufficient record to determine when the plaintiff knew or ought to have known the basis of his claim
Ratio Decidendi
The Court concluded the motion judge properly determined, on the record, that the claimant knew or ought to have known the basis of the claim by April 11, 2005, and because the action was commenced more than two years later it was statute-barred; the appeal was dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Action found to be statute-barred due to expiry of the limitation period
Full Case Text
Judgment text and source record
1 paragraphs
Butera v. Mitsubishi Motors Corporation Collection Decisions of the Court of Appeal Date 2013-02-19 Neutral citation 2013 ONCA 99 Docket numbers C56077 Judges Blair, Robert Ashley; MacFarland, Jean Louise; Rouleau, Paul S. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Butera v. Mitsubishi Motors Corporation, 2013 ONCA 99 DATE: 20130215 DOCKET: C56077 Blair, MacFarland and Rouleau JJ.A. BETWEEN Luciano Butera, 1515404 Ontario Inc. operating as Niagara Mitsubishi and Canterra Property Holdings Inc. Plaintiffs (Appellants) and Mitsubishi Motors Corporation, Mitsubishi Motor Sales of America Inc., Mitsubishi Motors North America Inc. and Mitsubishi Motors Credit America Inc., and Mitsubishi Motor Sales of Canada Inc. Defendants (Respondents) David Sterns, Harry Korosis and Peter Nicholson, for the plaintiffs/appellants Brad Hanna and Richard McCluskey, for the defendants/respondents Heard: February 13, 2013 On appeal from the judgment of Justice P.B. Hambly of the Superior Court of Justice, dated August 31, 2012. APPEAL BOOK ENDORSEMENT [1] Without going into the overall merits of the plaintiffs’ claim, we are satisfied that the motion judge was in a position to have a “full appreciation” of the record for purposes of determining – as he did – the factual issue of whether, and as of when, the plaintiff knew or ought to have known the basis of his claim. The motion judge decided this date was April 11, 2005 at the latest and the action was not commenced until October 31, 2007, more then two years after the claim was discovered. It is therefore statute barred. [2] The appeal is therefore dismissed. [3] Costs to the respondent on the appeal fixed, as agreed, at $46,000 all inclusive.