The plaintiffs appealed the dismissal of their motion to extend the time for service of their statement of claim regarding a motor vehicle accident.
The motion judge had refused the extension, finding the defendants would suffer prejudice because their motor vehicle insurance had been cancelled prior to the accident, leaving them personally liable.
The Court of Appeal allowed the appeal, holding that the delay in serving the statement of claim did not cause this prejudice and did not affect the defendants' ability to maintain a defence on the merits.
The time for service was extended.
