The defendants in a motor vehicle accident claim brought a motion to add an independent winter maintenance contractor as a third party.
The Crown and the proposed third party opposed the motion, arguing the claim was statute-barred under the Limitations Act.
The court granted the motion, finding that the claim was not discoverable until the Crown finally produced patrol records and a representative for discovery, having previously failed to plead the contractor's existence or provide timely disclosure.
The court held that the defendants exercised reasonable diligence and rebutted the presumption of knowledge.
