The plaintiff moved to amend his statement of claim to add the Regional Municipality of Peel as a defendant in a slip and fall action, more than two years after the accident.
The plaintiff argued the claim against Peel was not discoverable earlier because Peel's representative had erroneously advised that the City of Mississauga was responsible for the sidewalk.
The court granted the motion, finding the plaintiff met the test for adding a party after the apparent expiry of a limitation period, as the plaintiff rebutted the presumption of discovery and offered a reasonable explanation for the delay.
The court found no non-compensable prejudice to Peel, given it had actual notice of the claim within a month of the accident.
