The respondents were involved in a motor vehicle accident and initially diagnosed with soft tissue injuries.
More than two years later, a CT scan revealed a herniated disc, prompting them to commence a tort action.
The appellant argued the action was statute-barred under the two-year limitation period in the Highway Traffic Act.
The Supreme Court of Canada held that the discoverability principle applies to the limitation period.
Because the right of action does not arise until the injury meets the statutory threshold under the Insurance Act, the limitation period does not begin to run until the material facts of sufficient injury are reasonably discoverable.
The appeal was dismissed.
