The plaintiffs brought a motion to extend the time to file a statement of claim and to extend the time for service after commencing the action by notice of action near the expiry of the limitation period.
The statement of claim was not filed within the 30‑day period required by Rule 14.03(3) of the Rules of Civil Procedure and was not served within the six‑month period required by Rule 14.08.
The court held that the governing rule was Rule 3.02(1), which permits the court to extend time where just.
Although the court criticized plaintiff’s counsel for vague evidence and poor file management, the defendants had early notice of the claim and there was no evidence of prejudice.
The delay in service was approximately two months and the court inferred a lack of prejudice from the factual matrix.
The motion was granted but costs were ordered payable to the defendants.
