The plaintiff moved for leave to amend its statement of claim to add its insurance broker as a defendant and to assert negligence and breach of duty claims arising from insurers’ denial of coverage in related litigation.
The proposed claims were contingent on the plaintiff failing to obtain indemnity and defence costs from the insurers.
The court considered Rules 5.04(2) and 26.01 of the Rules of Civil Procedure alongside the mandatory two‑year limitation period under the Limitations Act, 2002.
It held that the plaintiff had knowledge of the material facts underlying the broker’s alleged negligence when the insurers denied coverage, more than two years before the motion to amend.
Because the limitation period had expired and no evidence rebutting discoverability was provided, the broker could not be added as a party.
