The appellants appealed the dismissal of their motion to add Enbridge Gas Distribution Inc. as a defendant after the expiry of the two-year limitation period following a water heater explosion.
The Court of Appeal upheld the dismissal, finding no evidence that the appellants exercised due diligence to identify Enbridge's potential liability within the limitation period.
However, the court allowed a consent amendment to increase the damages claimed by one of the appellants.
