Howie

The moving party sought leave to amend a statement of claim to add a condominium corporation as a defendant more than two years after an alleged stairway collapse.

The court held that on a motion to add a party after the apparent expiry of the limitation period, the court may determine whether the claim is statute-barred where the evidentiary record shows the plaintiff knew or ought to have known the identity and potential liability of the proposed defendant.

Applying the discoverability principles under the Limitations Act, 2002, the court found the plaintiff had actual or constructive knowledge from contemporaneous contracts, correspondence, cheques, and a failure to conduct a simple property search within the limitation period.

The motion to add the proposed defendant was dismissed, and costs were awarded to the responding parties.