The plaintiffs claimed that cracks appeared in the walls of their commercial premises as a result of the construction of a high rise condominium on an adjacent property. The construction was completed on June 9, 2015. The plaintiffs’ claim to their insurer for repair was denied in 2014. This action against the defendant constructors of the condominium was commenced on July 5, 2017. The defendants brought a summary judgment motion on the basis that the claim was statute-barred by operation of the Limitations Act, 2002. Justice Faieta granted summary judgment for the defendants, holding that the plaintiffs were presumed to have discovered the loss no later than March 11, 2014, when it was reported to their insurer. Justice Faieta rejected the plaintiff’s argument that the claim was discovered only after receiving an expert report on the cause of the damage. The claim was dismissed.
