The respondent was involved in a motor vehicle accident with the deceased.
Unaware that the deceased had died of unrelated causes, the respondent issued a statement of claim within the two-year limitation period under the Limitations Act, but outside the shorter limitation period under the Survival of Actions Act.
The Supreme Court of Canada held that neither the discoverability rule nor the confirmation provisions of the Limitations Act applied to extend the Survival of Actions Act limitation period.
Furthermore, the Court established the test for estoppel by convention and found that the requirements were not met, as there was no shared assumption or detrimental reliance.
The appeal was allowed and the statement of claim was struck out.
