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ARTICLE · 06 JUNE 2026

Starting The Clock: Discoverability And Limitation Periods

McCague Borlack LLP
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In Nimish and Manjeet Gupta v. Amrit Pal Singh and Coldwell Banker Sun Realty Brokerage(2026), the Small Claims Court dismissed a Defendant’s Claim as statute-barred, reaffirming the principle...

CanadaLitigation, Mediation & Arbitration
McCague Borlack LLP
McCague Borlack LLP
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In Nimish and Manjeet Gupta v. Amrit Pal Singh and Coldwell Banker Sun Realty Brokerage(2026), the Small Claims Court dismissed a Defendant’s Claim as statute-barred, reaffirming the principle that discoverability under the Limitations Act (2002) turns on knowledge of material facts, not legal advice.

Olivia Polihronis of McCague Borlack LLP represented the successful Defendants to the Defendant’s Claim, Coldwell Banker Sun Realty Brokerage and Amrit Pal Singh.

In February 2021, the Guptas were sued by Homelife Miracle Realty Ltd. (“Homelife”), for purchasing a property through the Defendants while still bound by a Buyer Representation Agreement with Homelife Miracle Realty Ltd. The Guptas defended the claim but did not commence a Defendant’s Claim against the Defendants until June 2023.

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