Can a motion for summary judgment be granted?

In my opinion, this is not a case where summary judgment can or should be granted. The defendants rely on the recent decision of our Court of Appeal in Lawless v. Anderson[1] as the governing law. Under the principles that emerge from that case, they claim that the plaintiff’s action is statute barred. I disagree. In my view, the principles that emerge from Lawless v. Anderson are not determinative of this motion. Neither am I persuaded that the defendants have met the high standard that is imposed upon them to show that there is no genuine issue relative to when that limitation period commenced to run. That requires a trial. The motion is dismissed.