The plaintiff brought a motion to add Toronto Hydro-Electric System Limited as a defendant to a slip and fall action after the expiry of the presumptive two-year limitation period.
The plaintiff fell on an uneven grate but was not informed by the City of Toronto that Hydro owned the grate until three years after the incident.
The court applied the discoverability principle and found the plaintiff provided a reasonable explanation for the delay, as there was no basis to investigate other defendants until the City clarified ownership.
The motion to add Hydro as a defendant was granted.
