The self-represented plaintiff brought a motion seeking leave to amend a notice of action and extend the time to file and serve a statement of claim arising from alleged medical negligence following a bicycle accident.
The plaintiff had failed to file a statement of claim within the time required by the Rules of Civil Procedure and sought relief after receiving an administrative dismissal notice.
The court considered the principles governing extensions of time under the Rules of Civil Procedure, including whether the extension would advance the just resolution of the dispute without causing prejudice to the defendants.
Despite the delay and the potential expiry of limitation periods, the court found that an extension would not cause unfair prejudice and would promote the just resolution of the dispute.
The court granted extensions to file and serve the statement of claim while leaving limitation and statutory notice issues to be determined later.
