The plaintiff sought to amend a statement of claim to add TTC Insurance Company Limited and the Superintendent of Financial Services as defendants after the expiry of the two‑year limitation period arising from injuries allegedly sustained on a bus following a sudden stop caused by an unidentified passenger.
The court considered the discoverability principles under the Limitations Act, 2002 and the requirement for reasonable diligence in identifying potential defendants.
The court found that the plaintiff had knowledge of the involvement of the unidentified passenger and relevant information well before the limitation period expired and failed to demonstrate due diligence to justify adding TTC Insurance as a defendant.
However, the amendment adding the Superintendent of Financial Services in relation to the Motor Vehicle Accident Claims Fund was permitted without prejudice to any limitation defence.
Certain pleading amendments responding to the defence were also allowed.
