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.
