The plaintiff in a motor vehicle accident claim brought a motion to add a proposed defendant to the action after the apparent expiry of the two-year limitation period.
The plaintiff argued that the claim against the proposed defendant was not discovered until after the Statement of Defence was received.
The court found that the plaintiff failed to lead evidence to overcome the statutory presumption that the claim was discovered on the date of the accident, especially given that the plaintiff had sent a notice of action to the proposed defendant's insurer prior to issuing the Statement of Claim.
The motion to add the proposed defendant was dismissed.
