The defendant brought a motion for summary judgment to dismiss the plaintiff's personal injury claim arising from a motor vehicle accident, arguing it was statute-barred.
The intervener, the plaintiff's former counsel, opposed the motion, while the plaintiff took no position.
The court determined that the limitation period began to run when the plaintiff's injuries could reasonably qualify as "permanent serious impairment" under the Insurance Act, which was found to be upon receipt of an independent medical examination report in November 2010, or at the latest, when the first statement of claim was issued in December 2011.
As the action against the correct defendant was commenced in December 2014, it was outside the two-year limitation period.
The defendant's motion for summary judgment was granted, dismissing the plaintiff's claim.
