Case Type: Summary dismissal application by Hoggan Engineering & Testing Ltd, based on the argument that the claim is time-barred under the Limitations Act.
Facts:
Brookfield purchased land for a residential development, relying on environmental reports by Hoggan.
A later discovery revealed that one parcel required remediation, costing over $13 million.
Brookfield sued Hoggan, claiming negligence for failing to disclose environmental issues in its report.
Legal Issues:
Limitations Act: Hoggan argued the lawsuit was filed too late.
Economic Loss and Duty: Brookfield claimed they suffered economic loss due to Hoggan’s breach of duty.
Ruling:
The judge rejected Hoggan's application for summary dismissal, allowing Brookfield’s claim to proceed.
The claim was not dismissed because Brookfield presented an arguable case under the Limitations Act.
Costs: Costs will be determined at a later stage ("in the cause"). No specific damages or monetary awards were granted in this ruling.
