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MCAP v. Dickieson
The case of MCAP v. Dickieson involved defendants Tim Dickieson and his company, Preferred Appraisal Services ("Dickieson"), and the plaintiff, MCAP Service Corporation ("MCAP"), a major player in the mortgage financing industry, who had filed a negligence action against the defendants. MCAP, a subsidiary of MPAC Commercial LP, had administered approximately $146 billion of residential, commercial, and construction mortgages. MCAP had claimed that Dickieson's allegedly negligent appraisal in 2012 had led to a loan in 2013, resulting in a defaulted mortgage and property sale in 2017 with a financial loss. The plaintiff had asserted that the property's overvaluation and negligent appraisal had caused their damages. The defendants had sought the dismissal of the negligence claim, arguing that it had been filed after the limitation period set by the Limitations Act 2002. The central issue had revolved around the date when MCAP's negligence claim had crystallized or become discoverable. The court had concluded that MCAP's awareness of the potential claim had likely occurred by June 15, 2016, at the latest, or even earlier by September 6, 2016. The court had determined that a lender with MCAP's knowledge and circumstances would have realized the property's undervaluation well before September 18, 2016. Based on this, the court had granted summary judgment in favor of the defendants, declaring the action statute barred. Regarding costs, the court had instructed the parties to submit brief written arguments, limiting the materials to three pages each, for consideration if they couldn't agree.
MCAP SERVICE CORPORATION
Law Firm / Organization
Not specified
Lawyer(s)

D. Zacks

E. Ngondo

TIM DICKIESON (d.b.a. PREFERRED APPRAISAL SERVICES)
Law Firm / Organization
Not specified
Lawyer(s)

C. Afonso

Superior Court of Justice - Ontario
DC-22-144JR
Civil litigation
Not specified/Unspecified
Defendant