The appellants, Orllyn Loney and Yvonne Prouty, appealed the dismissal of their motion to amend their statement of claim to correctly name the driver and owner of a tractor-trailer (Michael George Alexander Mills and 564242 Ontario Limited, also known as Liftlock) as defendants, replacing "John Doe" and "ABC Corporation".
The motion was brought almost ten years after the accident and over three years after the action was set down for trial.
The motion judge denied leave, finding no sudden change in circumstances and non-compensable prejudice due to the lengthy, unexplained delay.
The Court of Appeal upheld the motion judge's decision, finding no palpable and overriding error in her exercise of discretion.
The court emphasized the importance of adhering to limitation periods and the actual prejudice caused by the delay, including the loss of timely discovery opportunities for the proposed defendants.