Background:
Dr. Andrew Olkowski, a retired research scientist, sued Nano-Green Biorefineries Inc. and its CEO, Blaine Kunkel, for defamation. The dispute originated from a 2011 licensing agreement over technology developed by Dr. Olkowski. Litigation between the parties spanned nearly a decade, including an earlier claim in Alberta regarding the licensing agreement’s enforceability. In 2021, Dr. Olkowski alleged defamation based on publications related to professional misconduct complaints made against him by the respondents.

Legal Issues:
The case centered on whether defamation claims concerning a 2018 email (the "document request") were barred under Saskatchewan's Limitations Act, which imposes a two-year limitation period. Dr. Olkowski argued he only became aware of the defamatory document in 2021. The respondents claimed he should have discovered it earlier through due diligence.

Court Findings:
The Saskatchewan Court of Appeal found that the Chambers judge erred in concluding that Dr. Olkowski failed to prove the claim was discoverable only in 2021. The appellate court held that the unchallenged evidence supported his claim of delayed discovery and ruled the defamation claim was not statute-barred.

Disposition and Costs:
The appeal was allowed, and the matter was remitted to the Court of King’s Bench for further proceedings. The appellate court awarded costs of $750 to Dr. Olkowski, setting aside the lower court’s costs award.