The plaintiffs appealed an order dismissing their motion to add the selling dealership as a defendant after the expiry of the two-year limitation period under the Highway Traffic Act.
The plaintiffs argued the discoverability principle applied because they only learned of a potential defect when they received a recall notice from the manufacturer.
The Divisional Court dismissed the appeal, finding the plaintiffs failed to provide any evidence of due diligence in investigating the cause of the accident during the limitation period or in the months following the commencement of the action against the manufacturer.
