The plaintiffs brought a motion under Rule 5.04(2) of the Rules of Civil Procedure seeking leave to amend their statement of claim to add the provincial transportation authority as a defendant in a motor vehicle accident action.
They argued the claim was only discovered during the driver’s examination for discovery, when evidence allegedly revealed that inadequate highway signage contributed to the accident.
The proposed defendant argued the limitation period under the Limitations Act, 2002 had expired and that the claim could have been discovered immediately after the accident through reasonable investigation.
The court held that the alleged signage deficiencies were readily discoverable with modest due diligence shortly after the accident.
Because the limitation period had expired, leave to add the proposed defendant was refused.
