The plaintiffs brought a motion for leave to amend their statement of claim to add the Attorney General of Canada as a defendant in a motor vehicle accident action alleging host liability.
The proposed defendant argued the amendment was barred by the two‑year limitation period under the Limitations Act, 2002.
The court applied the discoverability doctrine and the principles governing motions to add parties under Rule 5.04(2) of the Rules of Civil Procedure.
It found the plaintiffs had provided a reasonable explanation for not discovering the potential liability of the proposed defendant until the examination for discovery of the existing defendant.
Leave to amend was granted with permission for the proposed defendant to plead a limitations defence.
