This Action, commenced in 2022, relates to a construction dispute. The issues between the County of Northern Light (“CNL”) and Wood Canada Limited (“Wood”) were resolved in Arbitration. Wood had contracted Aldea to provide design services for CNL. CNL brought an action against Wood and Aldea in 2022 alleging their design was not constructable. Aldea applied for Summary Dismissal pursuant to Rule 7.3 alleging that CNL ought to have known of the design issues in 2018 when construction commenced and difficulties were encountered.

The Court considered Sections 3(1)(a) and 3(1.1) of the Limitations Act, RSA 2000, c L-12, finding that for CNL to defeat Aldea’s Application it need only succeed under either provision. Applications Judge Summers concluded that there is a general principal found within the jurisprudence that a Defendant may make representations to the Plaintiff that may bring about an extension to the Limitations period where there is reasonable reliance. In this case, CNL may have been reasonable to rely on the representations of Aldea in 2018. The Court held that CNL had done enough to show that there is merit to its position and a Trial is warranted. Aldea’s Application was dismissed.