C. Valiquette

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 moving party defendants brought a motion to set aside a noting in default and a default judgment obtained by the plaintiff in an action concerning the purchase of a vacant building lot.

The defendants had attempted to file a notice of intent to defend and a statement of defence within the required timelines, but errors by a law clerk and the plaintiff's swift action to note them in default prevented the filings.

The court applied the tests for setting aside a noting in default and a default judgment, finding that the defendants had a plausible excuse, moved promptly, and presented an arguable defence on the merits.

The motion was granted, and the noting in default, default judgment, and writ of seizure were set aside.