The plaintiff brought a motion to amend the statement of claim to add Wynn's Property Maintenance Ltd. as a defendant in a slip and fall action, and initially sought to add two other corporate entities but abandoned that request.
Wynn's opposed the motion, arguing the limitation period had expired.
The court found that the claim against Wynn's was discovered on February 4, 2019, when the plaintiff's counsel was informed of Wynn's identity.
Due to the suspension of limitation periods under the Emergency Management and Civil Protection Act, the motion was brought within time, and leave to add Wynn's was granted.
The court also awarded $3,500 in costs to the two corporate entities that the plaintiff abandoned its motion against, finding the plaintiff failed to conduct proper due diligence before seeking to add them.