The plaintiff brought a motion to extend the time to serve a Statement of Claim arising from a motor vehicle collision, or alternatively to validate service nunc pro tunc.
The court applied the governing principles for extending time under the Rules of Civil Procedure, emphasizing that relevant prejudice must arise from delay in service rather than the passage of time since the cause of action arose.
The defendant’s insurer had early notice of the potential claim through a third‑party notice letter shortly after the accident, enabling investigation if desired.
The defendant failed to provide evidence of actual prejudice caused by the delay.
The court therefore granted a 21‑day extension of time for service and awarded costs to the plaintiff.
