The plaintiff brought a motion to amend the statement of claim to add a new defendant and for substitute service on the existing defendant, who had not been served within six months of issuance.
The existing defendant brought a cross-motion to stay or dismiss the action due to the delay in service, arguing prejudice because he had disposed of documents proving he sold the vehicle to the proposed new defendant.
The court granted the plaintiff's motion, noting the existing defendant's failure to comply with Highway Traffic Act requirements regarding the sale of the vehicle contributed to the delay in locating him.
The defendants were permitted to plead the Limitations Act in response to the amended claim.
