Daniela Corapi

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.

Following a summary judgment motion concerning a limitation period defence in a slip and fall personal injury action, the court had previously granted partial summary judgment to the plaintiff dismissing the defendants’ limitation period defence and allowing the action to proceed to trial on negligence and damages.

The present decision addressed the plaintiff’s request for partial indemnity costs of $6,168.71 arising from that motion.

The defendants argued only that the claimed amount was excessive and unreasonable.

The court found no merit in that objection and awarded the plaintiff the costs as claimed.

The elderly plaintiff fractured her ankle in a slip and fall and was hospitalized for several weeks, during which she was heavily medicated and disoriented.

She commenced an action just over two years after the fall.

The defendants brought a motion for summary judgment, arguing the claim was statute-barred.

The court dismissed the defendants' motion and granted partial summary judgment to the plaintiff, finding that the limitation period was tolled under s. 7 of the Limitations Act, 2002 because the plaintiff was incapable of commencing a proceeding while hospitalized.