The defendant brought a motion for summary judgment seeking dismissal of a motor vehicle negligence action as statute-barred under the Limitations Act, 2002.
The central issue was when the plaintiff discovered or ought to have discovered that her injuries met the statutory threshold under s. 266(1) of the Insurance Act, which would permit recovery of damages for bodily injury.
The court reviewed extensive and conflicting medical evidence regarding the seriousness and permanence of the plaintiff’s injuries and whether objective evidence existed before April 22, 2007 establishing a threshold claim exceeding the statutory deductible.
Applying the framework in Hryniak v. Mauldin, the court concluded that determining discoverability would require weighing complex medical evidence and credibility issues inappropriate for summary judgment.
A genuine issue requiring trial existed regarding when the plaintiff’s injuries became objectively discoverable as meeting the threshold.
