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Motion to add defendants after apparent limitation period expiry granted due to live issues of capacity and discoverability.
The plaintiffs brought a motion to amend their statement of claim to add the manufacturer and dealership of the plaintiff's vehicle as defendants, alleging negligence for the lack of side impact airbags.
The proposed defendants argued the motion was brought after the expiry of the two-year limitation period.
The court granted the motion, finding that the plaintiff's severe brain injury raised a live issue regarding his capacity to commence a proceeding, which could toll the limitation period.
Furthermore, there was a live issue regarding when the plaintiffs could have reasonably discovered the proposed defendants' involvement and the lack of side airbags.
Registrar’s dismissal set aside despite prolonged delay caused by counsel’s illness.
The plaintiff moved to set aside a Registrar’s dismissal of a personal injury action arising from a shooting at a Halloween attraction.
The court held that the delay was attributable to counsel’s serious depression and anxiety rather than the plaintiff, and that the defendants and third parties had not demonstrated meaningful prejudice from restoration of the action.
Applying a contextual approach to the Reid factors, and considering the evolving Rule 48 regime and proportionality, the court reinstated the action.
The court imposed a deadline requiring the action to be set down for trial by December 31, 2015 and awarded the defendants lump-sum motion costs.
