The plaintiffs brought a motion to amend their Statement of Claim to add two proposed defendants, United Cleaning Services Limited and Orb Services, in a slip and fall action.
United Cleaning opposed the motion, arguing the limitation period had expired.
The court applied the two-stage test from Morrison v. Barzo, finding that the plaintiffs provided a reasonable explanation for not discovering the claims against the proposed defendants earlier, as Loblaws had given no indication of third-party cleaning contractors.
The motion was granted, and substantial indemnity costs were awarded to the plaintiffs against United Cleaning.
