The plaintiff brought a motion to substitute Zachary M. Taylor for the defendant John Doe and to add TD Insurance Meloch Monnex a.k.a.
Primmum Insurance Company as a named defendant, seeking leave to amend the statement of claim.
Primmum opposed being added, arguing the limitation period had expired under the Limitations Act, 2002.
The court granted the unopposed substitution of Zachary M. Taylor.
Regarding Primmum, the court applied the discovery rule for claims against insurers, holding that the limitation period for adding an insurer under OAP 1 coverage commences the day after the plaintiff makes a demand for coverage, not at the time of the accident or the initial statement of claim.
Finding that the plaintiff had put Primmum on notice, the court determined the limitation period had not expired.
The motion to add Primmum and amend the claim was granted, and costs were awarded to the plaintiff.
