Oscar Sun, a minor, suffered catastrophic injuries after being hit by a car driven by Sergio Ferreira after exiting a TTC bus.
The plaintiffs (Sun, Chen, Sun) sued Ferreira, TTC, and the City of Toronto.
Ferreira also brought a third-party claim against TTC and the City.
The City, TTC, and Donald Carter brought two motions for summary judgment to dismiss the plaintiffs' action against them and Ferreira's third-party claim, arguing the claims were statute-barred by the Limitations Act, 2002.
The court dismissed both motions, finding a genuine issue requiring a trial regarding the discoverability of the claims and whether it was appropriate to commence legal action earlier, particularly concerning the alleged negligent design of the bus stop and crosswalks.
The court also noted concerns about partial summary judgment.
