The defendant brought a summary judgment motion seeking dismissal of a personal injury action as statute‑barred under the two‑year limitation period in the Limitations Act, 2002.
The defendant argued the claim was discovered on the date of the motor vehicle accident.
The court considered the interaction between the discoverability rule and the threshold requirements under s. 267.5(5) of the Insurance Act, which require proof of permanent serious impairment or disfigurement before liability arises.
Relying on expert evidence indicating that permanence of the injuries could not reasonably be assessed shortly after the accident, the court held that discoverability of the claim depended on when the permanence of the injuries could be determined.
Given the limited evidentiary record and absence of defence expert evidence, the court found that the plaintiff had a reasonable chance of proving discoverability at trial.
The summary judgment motion was therefore dismissed.
