The plaintiffs sought leave to amend their existing action to add a municipality as a defendant years after a fatal motor vehicle accident, arguing that the limitation period under the Trustee Act applied exclusively and could be extended based on special circumstances.
The court held that the Trustee Act limitation period operates in addition to, not in place of, the two‑year limitation period under the Limitations Act, 2002.
Because the limitation period under the Limitations Act had expired, s. 21 barred the plaintiffs from adding the municipality as a party to the proceeding.
In any event, the plaintiffs failed to demonstrate lack of prejudice to the proposed defendant or establish special circumstances justifying relief.
The motion to amend was dismissed with costs.