The plaintiff brought a motion seeking to add its subcontractor as a defendant to an existing construction dispute after a tunnel collapse caused additional project costs.
The proposed defendant argued the claim was barred by the two‑year limitation period under the Limitations Act, 2002.
The court held that the plaintiff knew or ought to have known of a potential negligence claim when the tunnel collapse occurred and was therefore required to act with due diligence within two years of that event.
Discoverability did not extend the limitation period merely because the plaintiff later learned of the defendant’s alleged negligence through a statement of defence.
The motion to add the proposed defendant was denied as statute‑barred.
