The plaintiff brought a motion to amend her statement of claim to add a janitorial company as a defendant in a slip and fall action, after the presumptive two-year limitation period had expired.
The proposed defendant opposed the motion, arguing the plaintiff failed to take reasonable steps to investigate the claim within the limitation period.
The court found the plaintiff provided a reasonable explanation for the delay, as her paralegal believed in-house staff handled internal spills.
The court granted leave to add the defendant, noting the limitation defence could be pleaded and determined at trial or summary judgment.
