The plaintiff moved for leave to amend a slip and fall statement of claim to add two additional defendants allegedly involved in snow removal at the premises.
The motion turned on whether the claim against the proposed defendants was discovered, or reasonably discoverable, more than two years before service of the amendment motion.
The court held that even on the most generous view of discoverability, the limitation period expired before the motion was served.
Section 21(2) of the Limitations Act, 2002 barred the addition of the proposed defendants, and the motion was dismissed.