C. Du Vernet

The plaintiffs brought an action against a child welfare agency following the suicide of a teenager in its care.

After the expiry of the two-year limitation period under the Trustee Act, the plaintiffs sought to add a doctor and a hospital as defendants, arguing that the late discovery of a clinical note constituted special circumstances or fraudulent concealment.

The moving parties brought summary judgment motions to dismiss the action against them as statute-barred.

The court granted the motions, finding no evidence of fraudulent concealment and concluding that the plaintiffs' delay in pursuing the action and seeking to add the parties did not justify extending the limitation period.

The defendant moved to strike a new action for unjust enrichment as an abuse of process, arguing the plaintiff should have sought leave to add her to an existing related action.

The plaintiff cross-moved to consolidate the actions.

The defendant also moved to stay the action or strike the plaintiff's affidavit because the plaintiff spoke to his counsel during a break in a virtual cross-examination.

The court dismissed the motion to strike, finding the new action was not an abuse of process as it involved a new party.

The court allowed the consolidation motion.

While the court found a breach of cross-examination rules occurred during the virtual break, it held that staying the action or striking the affidavit was a disproportionate remedy given the innocuous nature of the discussion.