The plaintiffs, Yael Rush and Thomas Rush, brought a motion to add Total Facility Solutions (TFS), a winter maintenance company, as a defendant to their slip and fall action against Via Rail Canada Inc. The primary issue was whether the proposed claim against TFS was barred by the two-year limitation period under the Limitations Act, 2002.
The court found that the plaintiffs could not have reasonably discovered the material facts necessary to plead against TFS until December 23, 2014, when Via Rail's Statement of Defence identified TFS.
As the notice of motion to add TFS was served on December 19, 2016, the claim was deemed to be within the two-year limitation period.
The court also confirmed that the doctrine of special circumstances no longer applies to extend limitation periods under the new Act.
The motion was allowed, adding TFS as a defendant, without prejudice to TFS raising a limitations defence.
Costs were awarded to the plaintiffs.
