The appellant, Toronto Hydro, appealed a Master's decision granting the respondent leave to amend a third-party claim to add Toronto Hydro as a party after the apparent expiry of the limitation period.
The underlying action involved a motor vehicle collision at an intersection where the traffic lights were not functioning due to a power outage.
The appellant argued the Master erred in applying the discoverability principle under the Limitations Act and misapprehended evidence regarding the respondent's due diligence.
The Superior Court of Justice dismissed the appeal, finding no error in the Master's interpretation of the law and holding that her factual findings on discoverability were owed deference and supported by the evidence.
