The plaintiff suffered injuries at the defendant's amusement park but failed to commence an action within the two-year limitation period under the Limitations Act, 2002 due to lawyer inadvertence.
The motion judge applied the common law doctrine of special circumstances to extend the limitation period.
The Court of Appeal allowed the defendant's appeal, holding that the Limitations Act, 2002 is a comprehensive scheme that does not preserve the court's common law discretion to extend limitation periods based on special circumstances.
The action was declared statute-barred.
