The Defendants applied for Summary Dismissal of the Plaintiff’s claim on the basis that the Plaintiff failed to bring the claim within the applicable two-year limitations period.

Shelley J. stated that Summary Judgment is no longer determined on the basis of triable issues. The question to be determined by the Court is whether there is an issue of merit that requires a Trial; or conversely, whether the defence is so strong that it is highly likely to succeed at Trial. Though a claim should not be dismissed unless it is beyond doubt that the claim will not succeed, the Court should not refrain from a careful examination of whether this is the case even in the face of complex facts. Following a review of the applicable legislation and the facts of the case, Justice Shelley held that there was sufficient evidence for a determination that the limitations defence of the Applicants was highly likely to succeed.

The Application was granted.