LIMITATION OF ACTIONS - Time - Discoverability

Law360 Canada ( September 18, 2024, 11:48 AM EDT) -- Appeal by Wright from motion judge’s granting of summary judgment motion and dismissal of his action. Wright and Ratcliffe were friends and business partners. They started a company called Global Seafoods Limited ("Global"). Global was in the business of marketing and exporting Nova Scotia seafood. After several years, both Global and the friendship ran into trouble. Wright believed Ratcliffe betrayed their personal and business relationships by taking Global's business opportunities for himself. Ratcliffe incorporated Victory Seafood Limited ("Victory"). It began operations as a seafood export and marketing company. Global ceased operations and was wound up. There was no dispute these steps were taken by agreement between Wright and Ratcliffe. Wright commenced action against Ratcliffe and Victory on August 12, 2021. He claimed Ratcliffe had a fiduciary duty to both Global and him as a shareholder and director. Wright claimed a variety of damages from both Ratcliffe and Victory, including ongoing losses resulting from the misappropriation of business opportunities. Ratcliffe and Victory brought a motion for summary judgment on evidence arguing that Wright's action against them was out of time. Ratcliffe argued a text message demonstrated Wright discovered his claims no later than June 26, 2019. Wright argued it was frustration and doubt, as opposed to a plausible inference of liability, that resulted in the text message to Ratcliffe on June 26, 2019. The motion judge did not accept Wright's ex post facto characterization of the text message or the argument flowing from it. The motion for summary judgment was granted....
LexisNexis® Research Solutions

Related Sections