May El-Abdallah

The appellant appealed a Master's order requiring her to post $40,000 in security for costs in her solicitor's negligence action.

The respondents brought a preliminary motion to strike a ground of appeal as an impermissible collateral attack on a prior unappealed order, which the court granted.

On the main appeal, the court found no palpable and overriding error in the Master's findings that the appellant was ordinarily resident outside Ontario and had failed to establish impecuniosity with robust particularity.

The court held the Master correctly applied the law in assessing the merits of the action and balancing the parties' interests.

The appeal was dismissed with costs awarded to the respondents.

The defendant brought a summary judgment motion seeking dismissal of a personal injury action as statute‑barred under the two‑year limitation period in the Limitations Act, 2002.

The defendant argued the claim was discovered on the date of the motor vehicle accident.

The court considered the interaction between the discoverability rule and the threshold requirements under s. 267.5(5) of the Insurance Act, which require proof of permanent serious impairment or disfigurement before liability arises.

Relying on expert evidence indicating that permanence of the injuries could not reasonably be assessed shortly after the accident, the court held that discoverability of the claim depended on when the permanence of the injuries could be determined.

Given the limited evidentiary record and absence of defence expert evidence, the court found that the plaintiff had a reasonable chance of proving discoverability at trial.

The summary judgment motion was therefore dismissed.