In Nourifard v. Emadzadeh, 2023 BCSC 1940, Kelly Ann Maw and Tessa Latowsky secured an early win for their client by successfully applying to dismiss the plaintiff’s claim based on the expiry of the applicable limitation period. The plaintiff’s claims included breach of contract, trust and fiduciary duty against both a personal and corporate defendant. Central to the plaintiff’s claim was the assertion of an oral contract by which the personal defendant was alleged to hold shares of the corporate defendant in trust for the plaintiff.
With a 5-day trial initially scheduled for the end of November, the defendants brought a summary judgment application seeking an order dismissing the action on the basis that the plaintiff’s claims were time-barred under the Limitation Act, SBC 2012, c. 13. Alternatively, the defendants argued that a summary trial was appropriate to determine the limitations issue and that the claims should be struck, given that no reasonable cause of action was disclosed in the plaintiff’s pleadings. Following a two-day hearing, Justice Funt agreed with the core submissions of the defendants regarding the date of discovery of the plaintiff’s claims and found the matter suitable for summary judgment. The Court concluded that there was no genuine issue necessitating a trial as the claims were brought beyond the limitation deadline. Consequently, the plaintiff’s action was dismissed in its entirety and costs were awarded against the plaintiff.