The plaintiffs sought to have their statement of claim treated as issued on June 25, 2019, the day the limitation period expired under the Insurance Act.
A paralegal had presented the claim to a court clerk before the 5:00 pm closing time, but the clerk refused to process it, stating his computer was shutting down.
The court found that the plaintiffs did all that was required to commence the proceeding in time and that the failure was solely due to court staff.
Exercising its inherent jurisdiction, the court granted a nunc pro tunc order declaring the claim issued on June 25, 2019, and dismissed the defendants' summary judgment motion.
