The plaintiff brought a motion to add Kristen McLean as a defendant to an action arising from an incident on a slide ride at Blue Mountain Resort.
The proposed defendant opposed the motion, arguing the two-year limitation period had expired.
The plaintiff argued the identity of the proposed defendant was not discoverable until the resort provided an unredacted incident report.
The court granted the motion, finding the plaintiff had met the low evidentiary threshold to show the identity was not discoverable with due diligence, and added the proposed defendant without prejudice to her right to plead a limitation defence.
