Toronto Standard Condominium Corporation No. 2587 v. Rock Contracting Services & Management Inc.

canada, canadian, case law, court opinion, canlii, onca, 2026onca602, 2026 onca 602 (canlii), 2026, onca, 602, (canlii), coa-25-cv-1219, 2026, limitation periods, discoverability, limitations act, 2002, s. 5(1), whether claim was discoverable on october 4, 2019, finding that all information necessary to legally commence an action was known, claim issued after expiry of two, year limitation period, summary judgment on limitation confirmed, appeal dismissed, evidence, summary judgment, evidentiary burden, limitations act, 2002, s. 5(2) presumption, whether appellant rebutted presumption of knowledge on day act occurred, no evidence from property manager or concierge filed, board member affidavits unable to prove knowledge on incident day, onus not discharged, appeal dismissed, limitation periods, attribution of knowledge, agency, whether property manager’s knowledge is attributed to appellant for limitation purposes, property manager found to be agent and advised of damage on incident day, appellant deemed to have discovered claim when agent knew essential elements, statute, barred finding upheld, appeal dismissed