The defendants moved for summary judgment dismissing a motor vehicle accident action on the basis that the claim was statute‑barred under the Limitations Act, 2002.
The issue was when the plaintiff discovered, or ought reasonably to have discovered, that his injuries were serious and permanent for the purposes of the statutory threshold and deductible regime applicable to automobile claims.
The court reviewed the plaintiff’s medical history, treatment efforts, and the timing of diagnostic testing, including MRI confirmation of a cervical disc protrusion.
It held that ongoing pain alone did not establish discoverability of a serious and permanent impairment.
Discoverability arose only when objective MRI results confirmed the nature of the injury, and the action issued within two years of that date was therefore timely.
