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LIMITATION OF ACTIONS - Legislation - Transitional provisions - When time begins to run

Tuesday, February 20, 2018 @ 8:29 AM  

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Application by the defendants to dismiss the claimants’ action. The claimants’ July 2015 action maintained the defendant wife and her lawyer had engaged in wrongful actions by joining the corporate claimant in the wife’s family claim and by filing certificates of pending litigation against several strata properties held by the corporate claimant. The wife’s common-law husband and the personal claimant were the sole shareholders of the company that owned the corporate claimant. The certificates of pending litigation were filed in May 2013. They were removed by a consent order in July 2013. In the family law proceedings, the wife was found to have an interest in the numbered company that owned the corporate claimant. The claimants sold one of the strata properties in October 2013.

HELD: Application allowed. The claimants were aware the certificates of pending litigation had been filed by May 2013. By June 2013, the claimants knew or reasonably ought to have known that injury, loss or damage had occurred by virtue of the wife’s filling of the certificates of pending litigation. Their loss was not only discovered upon completion of the sale of one of the properties. The claimants filed their claim outside the two-year limitation period.

A. & S. Lui Holdings Inc. v. Slay, [2017] B.C.J. No. 2761, British Columbia Provincial Court, M.F. Giardini Prov. Ct. J., December 22, 2017. Digest No. TLD-Feb192018001