The appellants were injured when a youth, who had left a residential treatment home operated by the respondent without permission, crashed a stolen car into their house.
Over three years later, the appellants moved to add the respondent as a defendant, alleging negligent supervision.
The motions judge dismissed the motion, finding the respondent was protected by the six-month limitation period under the Public Authorities Protection Act and refusing to exercise discretion to add the party due to presumed prejudice.
The Court of Appeal dismissed the appeal, confirming the respondent was acting as a public authority fulfilling a public duty, and the appellants failed to rebut the presumption of prejudice caused by the delay.
