Background: Saeid Nourifard claimed that Navid Emadzadeh held shares in Novarc Technologies Inc. in trust for him, based on an oral agreement. The Supreme Court of British Columbia had dismissed Nourifard's claims as statute-barred under the Limitation Act, leading to this appeal.

Legal Arguments/Issues: Nourifard argued that Emadzadeh breached his fiduciary duties by refusing to transfer the shares held in trust. He contended there was an oral agreement for Emadzadeh to hold and transfer the shares. The key issue was whether the claims were statute-barred. Nourifard argued that the chambers judge erred in dismissing his claims under R. 9-6 of the Supreme Court Civil Rules, as the running of the limitation period was disputed and required a trial for proper resolution. The court needed to determine whether Emadzadeh's refusal in 2017 constituted a clear denial of the trust, which would start the limitation period, or if the limitation period started later due to alleged concealment and misrepresentations.

Held: The Court of Appeal allowed the appeal, ruling that there was a genuine issue requiring a trial. It found that the chambers judge erred in dismissing the claims on summary judgment as it required weighing evidence, which was inappropriate for a summary application.

Costs/Award: The document did not specify the total amount of costs or any monetary award in favor of the successful party. The primary outcome was the reinstatement of Nourifard’s claims for trial.