The plaintiffs in a motor vehicle accident case moved to amend their statement of claim to add three new defendants after the presumptive two-year limitation period had expired.
The proposed defendants opposed the motion, arguing the plaintiffs failed to exercise reasonable diligence to discover their involvement within the limitation period.
The court granted the motion, finding that there were issues of credibility and fact regarding when the plaintiffs ought to have discovered the claims, which warranted a trial.
The proposed defendants were granted leave to plead a limitation defence.
