Law360 Canada ( May 2, 2025, 12:25 PM EDT) -- Appeal by appellant of Superior Court of Justice’s decision dismissing its motion for summary judgment. The respondents alleged that the appellant was negligent in supervising the construction of a dwelling built between 1986 and 1987, which they purchased in 2021. Upon purchasing the property, the respondents discovered significant defects in the dwelling’s foundation and claimed that these defects resulted from the appellant’s negligence in supervising the construction and failing to conduct further inspections. The respondents filed an action against the appellant. The appellant sought summary judgment, arguing that the claim was barred by the 15-year ultimate limitation period under the Limitations Act, 2002. The appellant contended that the alleged negligence occurred more than three decades ago, as the building permit was issued in 1986 and construction was completed in 1987. However, the motion judge dismissed the appellant’s motion, finding that the appellant’s negligence was ongoing and continuous, thus tolling the limitation period. The trial judge concluded that the building permit for the dwelling was never properly closed, and the appellant had a duty to monitor open permit files, which constituted a continuous act or omission....