Overview

• Motion: Richard Ross Shaker (Shaker) sought to amend his claim to add Katie Miller as a defendant.
• Defendant's Position: Miller argued the claim was time-barred under the Limitations Act, 2002.

Key Legal Issues

1. Limitation Period:

   • Section 4 of the Limitations Act, 2002 imposes a two-year limitation from when a claim is "discovered."
   • Discovery occurs when a plaintiff has actual or constructive knowledge of material facts supporting a plausible inference of liability.

2. Plaintiff’s Knowledge Timeline:

   • October 2021: Shaker suspected unauthorized access to his laptop.
   • July 27, 2022: In an affidavit, he explicitly alleged Miller accessed his laptop.
   • August 14, 2024: He served Miller with the motion to add her as a defendant.
   • The court held that by July 27, 2022, he had sufficient knowledge to bring a claim, making it statute-barred by August 2024.

Court’s Findings

• Later evidence (2023–2025) only expanded on facts known by 2022.
• The claim against Miller was time-barred and lacked a live issue on discoverability.
• The motion to amend was denied.

Disposition

• Motion dismissed.
• The judgment did not grant any monetary damages because it only addressed the procedural issue of amending the claim.
• Cost submissions due by April 7, 2025, if unresolved.