The defendants, Via Rail and GEXR, sought leave to appeal an order that permitted the plaintiffs to add GEXR as a defendant after the presumptive limitation period had expired.
The motions judge had found that the plaintiffs exercised due diligence and could not have reasonably discovered GEXR's involvement earlier.
The Divisional Court dismissed the motion for leave to appeal, finding no good reason to doubt the correctness of the motions judge's decision on discoverability, prejudice, or costs, and noting the decision did not raise matters of general public importance.
