Shaun A. Hashim

The plaintiffs brought a motion to amend their statement of claim to add the manufacturer and dealership of the plaintiff's vehicle as defendants, alleging negligence for the lack of side impact airbags.

The proposed defendants argued the motion was brought after the expiry of the two-year limitation period.

The court granted the motion, finding that the plaintiff's severe brain injury raised a live issue regarding his capacity to commence a proceeding, which could toll the limitation period.

Furthermore, there was a live issue regarding when the plaintiffs could have reasonably discovered the proposed defendants' involvement and the lack of side airbags.

Following the dismissal of the plaintiffs' action under Rule 21, the successful defendants sought costs on a substantial indemnity basis.

The plaintiffs' claim, which alleged a fraudulent conveyance, was dismissed because they lacked standing under the Fraudulent Conveyances Act.

The court found that the plaintiffs' unproved and serious allegations of fraud constituted reprehensible conduct warranting elevated costs.

The court fixed the defendants' costs at $20,000 on a substantial indemnity basis.