The plaintiff sued the City for property damages arising from drainage issues. The City argued that the 2-year limitation period barred the claim, and that the 15-year ultimate limitation period also barred the claim because the storm sewers in question were installed in 2002. Justice Bordin granted the motion on both grounds.
Regarding the ultimate limitation period, Justice Bordin rejected the plaintiff’s arguments that the flooding and/or failure to rectify were continuing or series of acts of negligence. A singular act of negligence was at issue: the installation and completion of the storm sewers in 2002. The action was commenced in July 2021, making it out of time.
Regarding the two-year limitation period, Justice Bordin held that the plaintiff had sufficient knowledge that he had suffered damages by January 2018 (the date of a letter to the City from counsel retained by the plaintiff, stating that surface water was backing up from the street to the house during heavy rainfalls). There was no evidence that a process was underway to determine the cause of the problem or to compensate the plaintiff. The limitation period was not tolled simply because the City did not send the plaintiff a formal denial.