The plaintiff brought an action for professional negligence, breach of contract, negligent misrepresentation, and breach of fiduciary duty against the defendants, who acted as her paralegal consultants following two motor vehicle accidents in 2001.
The plaintiff alleged the defendants failed to preserve the limitation periods for her accident benefits and tort claims.
The court found that the defendants were retained for the first accident but not the second.
Although the defendants breached the standard of care by failing to file a statement of claim and inform the plaintiff of limitation issues for the first accident, the court dismissed the action.
The court held that the plaintiff's claims against the defendants were statute-barred under the Limitations Act, 2002, as she knew or ought to have known of the potential claim more than two years before commencing the action.
Furthermore, the court found that the plaintiff's injuries from the first accident did not meet the permanent serious impairment threshold under the Insurance Act.
