The plaintiffs in two related actions arising from a motor vehicle accident sought to add a new defendant, the host of a wedding reception, after the presumptive two-year limitation period had expired.
The proposed defendant resisted the motion, arguing the plaintiffs knew or ought to have known of his potential liability earlier.
The court granted the motion to add the defendant, holding that the issue of discoverability should be determined on a proper evidentiary record at trial rather than at the pleadings stage, and noted the proposed defendant could plead the limitation period as an affirmative defence.
