The plaintiff, Maria Prete, brought a motion for leave to add three new defendants and to amend her statement of claim in a slip-and-fall action.
The court found that the motion to add Avison Young (Canada) Inc. as a defendant was brought outside the applicable limitation period and must be dismissed.
The motion was granted as against the other two proposed defendants, Bay International Inc. and Long & Morris Property Management Ltd., who did not oppose the motion, but without prejudice to their right to plead a limitation defence.
Costs were awarded to Avison Young.