The plaintiff slipped and fell on an icy sidewalk outside a post office.
Over three years later, he moved to amend his statement of claim to add several third and fourth parties as defendants to the main action.
Two of the proposed defendants opposed the motion, arguing the claims were statute-barred under the Limitations Act, 2002.
The court found that the plaintiff failed to exercise reasonable diligence in investigating the cause of the ice build-up and delayed informing his counsel about a broken eavestrough.
Factoring in the COVID-19 limitation period suspension, the court concluded the limitation period had expired and dismissed the motion against the opposing parties.
