Maura Helsdon

The plaintiff was involved in a motor vehicle accident and sued the defendant driver.

The defendant later brought third party proceedings against two municipalities, alleging snow banks obstructed her view.

The plaintiff sought to amend her statement of claim to add the municipalities as defendants after the three-month limitation period under the Municipal Act had expired.

The motions judge dismissed the motion.

The Court of Appeal allowed the appeal, holding that the application of the discoverability principle to postpone the limitation period is a question of fact to be determined at trial.

The municipalities were added as defendants with leave to plead the limitation period.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The insurer argued the applicant was barred from receiving benefits because he failed to notify the insurer within 30 days and failed to submit an application within 90 days under section 59 of the Statutory Accident Benefits Schedule.

The arbitrator found that the applicant had provided sufficient notice to his broker within 30 days, which constituted notice to the insurer.

Furthermore, the applicant had substantially complied with the 90-day application requirement by submitting partially completed forms and providing detailed information to the adjuster.

Alternatively, the arbitrator found the applicant had a reasonable excuse for any delay, and the insurer suffered no prejudice.

The applicant was not barred from receiving benefits.