The appellants appealed an order granting the plaintiff leave to amend her Statement of Claim to add the TTC Insurance Company Limited as a defendant.
The appellants argued the claim was statute-barred under the Limitations Act, 2002.
The Divisional Court dismissed the appeal, agreeing with the motions judge that the limitation period for an indemnification claim does not begin to run until a demand is made and the insurer fails to satisfy it, following the Markel line of authorities.