The defendants moved for summary judgment to dismiss the plaintiff's motor vehicle accident claim, arguing it was statute-barred by the Limitations Act, 2002.
The court dismissed the motion, finding that the defendants failed to meet their evidentiary burden to establish there was no serious issue requiring a trial regarding the discoverability of the claim, specifically whether the plaintiff's injuries met the "threshold" for non-pecuniary damages within the limitation period.
The court also found that the matter was not suitable for resolution using expanded summary judgment powers due to overlapping evidence with the merits of the claim.
