The defendant landlord moved for summary judgment dismissing a personal injury action as statute-barred under the Limitations Act, 2002.
The plaintiff had sued a nightclub within the limitation period after falling from an elevated dance floor but only later added the landlord after discovering during examinations for discovery that the landlord participated in the design and construction of the stage.
The court considered the discoverability provisions under s. 5 of the Limitations Act, 2002 and the extent of reasonable pre-discovery investigation required of plaintiff’s counsel in occupiers’ liability claims.
The court held that the plaintiff was not required to seek information from adverse parties before discovery where those parties had no obligation to provide it.
The limitation period began when the plaintiff first learned of the landlord’s involvement during discovery, rendering the action timely.
