The plaintiff municipality sought leave to amend its statement of claim to add its consulting engineer, WSP, as a defendant in an action concerning defective bridge rehabilitation work.
WSP opposed the motion, arguing the claim was statute-barred by the two-year limitation period.
The court applied the discoverability principle, finding that the plaintiff reasonably relied on WSP's professional advice that the defects were caused by poor workmanship rather than WSP's specified concrete mixture.
The limitation period did not begin to run until the plaintiff obtained independent expert reports revealing WSP's potential negligence.
The motion to add WSP as a defendant and extend the time to set the matter down for trial was granted.
