Law360 Canada ( March 19, 2026, 9:52 AM EDT) -- Appeal by RIP Plaintiffs from a decision granting summary judgment dismissing their civil action as commenced outside the limitation period. The RIP Plaintiffs (RIP Beverages, MacDonald Jewellery Design, Wilson, MacDonald, and Klassen) advanced approximately $3.5 million to the Dunn Defendants for the development of three specific liquor stores (Enterprise stores). They alleged those funds were improperly used by the Dunn Defendants to develop other liquor stores, including Golden Mile, Brighton, Quance, and Whiskey Jacks. The central issue on summary judgment was whether the RIP Plaintiffs knew, or ought to have known, that their funds had been spent on non‑Enterprise stores more than two years before commencing their action on March 2, 2022. The judge found they should have known by June 29, 2019, based on contemporaneous emails, meetings, and spreadsheets that indicated spending on Golden Mile and other stores. The RIP Plaintiffs argued that the judge erred by conflating commingling with misappropriation, misapprehending key evidence regarding communications between June 2019 and March 2020, and failing to provide sufficient reasons, including failing to separately analyze discoverability for breach of contract. They maintained that they did not discover any loss until receiving a detailed spreadsheet on March 12, 2020. They also argued the judge misunderstood the context of ongoing negotiations and improperly relied on cases....