The plaintiff was catastrophically injured in a motor vehicle accident.
The police report and the defendant's initial pleadings identified the defendant driver as the owner of the vehicle.
After the two-year limitation period expired, the plaintiff obtained a vehicle ownership search revealing a leasing company was the actual owner.
The plaintiff successfully moved to add the leasing company as a defendant.
The third-party insurer appealed.
The Divisional Court dismissed the appeal, holding that under the discoverability principle, the plaintiff could not reasonably have discovered the true owner earlier.
Alternatively, special circumstances justified adding the defendant despite the expired limitation period.
