The plaintiffs sought leave to amend their pleadings and join the provincial Crown and several fire investigators to a negligence action arising from a fatal residential fire.
The court held that the proposed claims were statute‑barred because the alleged negligence relating to the fire investigation was discoverable more than two years before the joinder motion was brought.
The court further found the proposed amendments disclosed no viable cause of action because the investigators owed no private duty of care to the plaintiffs when performing statutory investigative functions.
Additional barriers included the deemed undertaking rule arising from discovery evidence and statutory immunity protecting investigators acting in good faith.
The motion to join the Crown and investigators and amend the pleadings was therefore dismissed.
