Marc Cooper, the defendant, sought a summary judgment claiming that the professional negligence case against him was barred due to expiration under the limitations period.
The plaintiffs, Shep Enterprises Ltd. and Katherine Tetford, argued that Cooper failed to inform Tetford of the need for a separate employment contract, leading to her legal issues post-business sale.
Legal Issue:
The main issue was whether the claim against Cooper was statute-barred under the limitations law, specifically whether it was initiated outside the proscribed period.
Court's Decision:
The court decided not to resolve the limitation issue through a summary trial due to unresolved contradictions in evidence and credibility concerns.
It was deemed inappropriate to decide on the limitation defense without a full trial, where all evidence could be more thoroughly examined.
Outcome:
The limitation defense will be considered alongside the main issues of professional negligence and damages at a full trial.
Costs of the proceedings were deferred to be determined at the conclusion of the trial.
