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The Court of Appeal upheld summary judgment against Prado, but set aside punitive damages to Capital Canada and sent Steiner’s knowing receipt claim to trial.
The Court of Appeal for Ontario dismissed an appeal in a legal malpractice action, finding the claim was statute-barred under the Limitations Act, 2002.
The Federal Court allowed Canada to amend its defence and granted summary judgment, holding Philip James Miller’s claim from the 1974 Valcartier incident was time-barred under s. 269(1) NDA.
The court granted summary trial and dismissed a contract claim over waterfront land, finding the disputed area had accreted to the property and no breach was shown.
Majority: The appellant's affidavits did not raise sufficient allegations that the respondent or its employees breached a duty of care; the facts alleged (employer specifying age/gender) were insufficient to establish knowledge of an objectively unreasonable risk requiring intervention, and the action was statute-barred because discoverability was not established given earlier disclosure and lack of explanation for delay after reaching majority; therefore no genuine issue for trial and summary judgment dismissal was appropriate.
Source excerpt
The Court affirmed the motions judge: IRD failed to raise any triable issue on the claims in paragraphs 1(c)–(f); Master Peppiatt had correctly treated the written agreement and draft amendments as the entire contract; nothing in those documents could support the dismissed claims; therefore only the claim for the final invoice in the amount of $14,225 was permitted and the remainder of the action was dismissed.
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