COURT OF APPEAL FOR ONTARIO

CITATION: Garic v. Mack Trucks Canada, 2015 ONCA 90

DATE: 20150206

DOCKET: C58958

MacFarland, Hourigan and Benotto JJ.A.

BETWEEN

Ljiljana Garic and Pero Garic

Plaintiffs/Defendants By Counterclaim (Appellant) (Respondent)

and

Mack Trucks Canada, Mack Trucks International, Cambridge Mack, MacK Sales & Service of Stoney Creek Ltd., Performance Equipment Ltd., Arvin Meritor, Inc., Arvinmeritor CVS Canada Inc., General Bearing Corporation and Volvo Group Canada Inc.

Defendants

and

Arvinmeritor, Inc., and Arvinmeritor CVS Canada Inc.

Plaintiffs by Counterclaim

Paul R. Sweeny and Adam J. Huff, for the appellant Ljiljana Garic

David S. Young and Kevin R. Bridel, for the respondent Pero Garic

Heard and released orally: January 29, 2015

On appeal from the order of Justice David A. Broad of the Superior Court of Justice, dated May 20, 2014.

ENDORSEMENT

[1] This is an appeal from the decision of Broad J. dismissing the plaintiff’s motion to add a co-plaintiff as a party defendant. This single vehicle accident occurred in July 2006. In November 2008 a statement of defence and counterclaim was delivered on behalf of Mack Trucks wherein specific allegations were pleaded about the failure to maintain the truck and pursuant to which the co-plaintiff soon after was made a third party.

[2] The appellant did not move to add the proposed defendant till May of 2012. In our view, it would have been clear to the appellant in November 2008 that there may be some liability on the part of Pero Garic.

[3] In our view, the application was too late. We see no error in the decision of the motion judge and the appeal is dismissed.

[4] Costs of the appeal to the respondent fixed in the agreed sum of $5000 inclusive of disbursements and HST.

"J. MacFarland J.A."

"C. W. Hourigan J.A."

"M.L. Benotto J.A."