The plaintiff brought a motion to extend the time for service of a statement of claim and to increase the prayer for relief to $10,000,000.
The plaintiff was uninsured when his vehicle was struck by the defendants in a private parking lot.
Relying on mistaken legal advice that uninsured motorists cannot sue for torts in private lots, the plaintiff's former counsel issued but did not serve the claim.
Years later, new counsel discovered the unserved claim and served it.
The court granted the extension, finding no actual prejudice to the defendants because their insurer had extensively investigated the plaintiff's injuries through his accident benefits claim, and the plaintiff adequately explained the delay as reliance on faulty legal advice.
