Sherilyn J. Pickering

The plaintiff brought a motion to substitute Zachary M. Taylor for the defendant John Doe and to add TD Insurance Meloch Monnex a.k.a.

Primmum Insurance Company as a named defendant, seeking leave to amend the statement of claim.

Primmum opposed being added, arguing the limitation period had expired under the Limitations Act, 2002.

The court granted the unopposed substitution of Zachary M. Taylor.

Regarding Primmum, the court applied the discovery rule for claims against insurers, holding that the limitation period for adding an insurer under OAP 1 coverage commences the day after the plaintiff makes a demand for coverage, not at the time of the accident or the initial statement of claim.

Finding that the plaintiff had put Primmum on notice, the court determined the limitation period had not expired.

The motion to add Primmum and amend the claim was granted, and costs were awarded to the plaintiff.

The defendant brought a motion to transfer the action from Barrie to Milton, arguing that the case had no connection to Barrie other than the plaintiff's counsel being located there.

The plaintiff opposed the transfer, citing significant prejudice due to the potential loss of an imminent trial date in Barrie.

The court dismissed the motion without prejudice, finding that while Milton would normally be a more appropriate venue based on the location of the accident and parties, the impending trial date and the defendant's dilatory conduct in bringing the motion and completing expert reports were overriding factors.

The court also confirmed the ongoing issues with court facilities in Milton, which favour leaving the action in Barrie.

The defendant in two separate actions arising from the same motor vehicle accident moved to have the actions tried together or sequentially, and to transfer the venue of one action from North Bay to Sudbury.

The court dismissed the motion to try the actions together as premature, noting that one action was at a much more advanced stage than the other.

The court also dismissed the motion to change venue, finding that the plaintiff's choice of North Bay was reasonable and the defendant failed to show that Sudbury was a significantly better venue.

The motions were dismissed without prejudice to being renewed closer to trial.