The defendant brought a motion for summary judgment to dismiss the plaintiff's motor vehicle accident claim, arguing it was statute-barred as it was commenced more than five years after the accident.
The plaintiff argued the claim was not discoverable until she received a medical opinion indicating her injuries met the statutory threshold for permanent serious impairment.
The court found that the plaintiff did not have a sufficient body of evidence to know her claim had a substantial chance of succeeding until she was diagnosed with fibromyalgia years later.
The court dismissed the defendant's motion and granted partial summary judgment in favour of the plaintiff, dismissing the limitations defence.
