The plaintiffs sought leave to amend their statement of claim to add Paragon Protection Ltd. as a defendant in a slip and fall action, after the apparent expiry of the limitation period.
The court applied discoverability principles under the Limitations Act, finding that the plaintiffs provided a reasonable explanation for the delay in discovering Paragon's potential liability.
Initial information from the owner's insurer and defendants' pleadings had directed the plaintiffs' focus solely to other parties responsible for winter maintenance.
The court granted leave to amend, noting that Paragon could still raise a limitations defence at trial.
