The appellants appealed a motion judge's refusal to amend their statement of claim to add a proposed defendant and change the location of a slip and fall accident.
The Court of Appeal upheld the motion judge's finding that the claim against the proposed defendant was statute-barred, as the appellants failed to rebut the presumption of discoverability under s. 5(2) of the Limitations Act, 2002.
The Court also agreed that the doctrine of misnomer did not apply because the intended defendant did not know it was the target of the suit.
However, the Court granted leave to amend the statement of claim to change the location of the accident as against the existing defendant.
