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Motion to add defendants granted; plaintiff exercised due diligence in discovering their potential liability.
The plaintiff slipped and fell on ice on a municipal sidewalk in front of a private home.
She sued the City and the homeowner.
After the presumptive two-year limitation period expired, the homeowner issued a third-party claim against her neighbours and their contractor, alleging water discharged from their property caused the ice.
The plaintiff moved to add the neighbours and contractor as defendants.
The neighbours opposed, arguing the limitation period had expired.
The court granted the motion, finding the plaintiff exercised due diligence and could not reasonably have discovered the neighbours' potential involvement until served with the third-party claim.
Police possess common law authority to conduct random sobriety check-stops of vehicles in private parking lots.
The defendant was charged with exceed 80 (impaired driving) following a random sobriety check-stop conducted by police in a shopping plaza parking lot.
The central issue was whether police had authority to conduct random check-stops in private parking lots.
The court held that while the Highway Traffic Act does not authorize such stops in parking lots, police possess common law authority to stop vehicles in parking lots for highway safety purposes, including random stops.
The court found no Charter violation and admitted the breath test results, finding the defendant guilty as charged.
