The plaintiffs sought leave to add Viking Insurance Company of Wisconsin as a defendant in a motor vehicle accident tort claim more than five years after the accident.
Viking opposed the motion, arguing the claim was statute-barred.
The court found that the plaintiffs failed to exercise due diligence to ascertain Viking's potential liability within the limitation period, despite having access to information indicating Viking insured the plaintiff's husband's vehicle.
The motion to add Viking as a party was dismissed pursuant to section 21(1) of the Limitations Act, 2002.
