Leave to commence a third-party claim was granted as there was a genuine issue for trial regarding when the claim was discoverable.
The defendant Kolesnik sought leave to commence a third-party claim against Toronto Hydro-Electric System Limited, which argued the limitation period had expired.
The court examined when Kolesnik ought reasonably to have discovered the claim, applying the test from Morrison v. Barzo.
The court found a genuine issue for trial regarding the discovery date of the claim against Toronto Hydro, granting leave for the third-party claim to proceed, with Toronto Hydro permitted to plead its limitation period defence.
Costs were awarded to Kolesnik.
SCJSuperior Court of JusticeMay 3, 2019
