The defendant municipality brought a motion for summary judgment dismissing the plaintiff’s negligence action arising from a motor vehicle accident, arguing the claim was commenced outside the two‑year limitation period under the Limitations Act, 2002.
The plaintiff argued the claim against the municipality was not discoverable until receipt of a police accident report revealing potential roadway maintenance issues and identifying the proper municipal authority.
The court held the plaintiff failed to rebut the statutory presumption of discoverability and did not exercise reasonable diligence in identifying potential defendants, noting a 17‑month delay in obtaining the accident report.
The action was therefore statute‑barred.
The court also found that commencing a second action rather than seeking to amend the existing action to substitute the proper municipality constituted an abuse of process.
