The Appellant appealed an Applications Judge’s decision of granting a Summary Judgment to the Respondents, finding the claim statute barred under the Limitations Act. The Court investigated various sections of the Limitations Act to determine if the claim was statute-barred and if any of the exceptions under section 4 of the Limitations Act applied. The Court dismissed the Appeal.

The Respondents requested Costs in the amount of $16,700, which applied a multiplier of 1.5 of their Schedule C Costs of $10,800. The Court considered Rule 10.31 and 10.33 noting that the Costs in this case should be modest. Justice Silver had acknowledged that the Respondents were the successful party in this Appeal, and there were some settlement Offers to consider, however, the Appellant had lost this Appeal due to a mandatory provision in the law and not based on the merits. If the claim had been brought on in time, the Respondents could arguably be found negligent. Justice Silver also considered the delay on the Respondent’s part in responding to the Appellant’s inquiries, which may have contributed to the expiration of the limitation period. Ultimately, the Court awarded Costs to the Respondents in the amount of $1,600.