The plaintiff moved to amend her statement of claim to add a neighboring property owner as a defendant after the expiry of the two-year limitation period, following a slip and fall on a walkway.
The court found that the plaintiff's counsel failed to exercise adequate due diligence, such as conducting a proper title search, to ascertain the correct owner of the walkway within the limitation period.
The motion to add the proposed defendant was dismissed, with costs awarded to the proposed defendant.
