The plaintiff condominium corporation brought a motion to amend its Statement of Claim to add the manufacturer of a heat pump sensor as a defendant in a subrogated claim for water damage.
The proposed defendant opposed the motion, arguing the two-year limitation period had expired and the plaintiff failed to exercise due diligence in identifying it.
The court granted the motion, finding the plaintiff provided a reasonable explanation for the delay in discovering the manufacturer's identity, which raised a triable issue of discoverability to be determined at trial or on summary judgment.
The proposed defendant was permitted to plead a limitation defence.
No costs were awarded.
