The plaintiff, Meaghan McGuire, brought a motion for leave to amend her statement of claim to add CRH Canada Group Inc. C.O.B. Dufferin Construction Company as a defendant, following a slip and fall incident.
CRH opposed, arguing the claim was statute-barred due to an expired limitation period.
The court found that the plaintiff provided a reasonable explanation for the delayed discovery of CRH's involvement, noting the low evidentiary threshold for such motions.
The motion was granted, allowing CRH to plead a limitation period defence at a later stage (summary judgment or trial).
Costs were awarded to the plaintiff.
