The plaintiff brought a motion seeking to discontinue the action against several defendants, amend the statement of claim to identify the defendant Clarke as both operator and owner of the vehicle, and extend/validate service on Clarke.
The court dismissed the motion to extend time and validate service on Clarke, finding the plaintiff's explanations for the significant delay (inaccurate MTO search, firm staffing issues, and COVID-19) insufficient.
The court noted the prejudice to the defendant due to the inability to conduct a prompt investigation.
The order to discontinue against the other named defendants was granted.
