The TNS Defendants brought two motions seeking leave to add three engineering firms (Chung & Vander Doelen Engineering Ltd., M.A. Bryan Engineering Inc., and Tacoma Engineers Inc.) as defendants to their counterclaim, alleging negligence in the design and coordination of a septic and plumbing system.
The proposed defendants opposed, arguing the claims were statute-barred due to the expiry of the limitation period.
The court granted leave to add Chung & Vander Doelen Engineering Ltd. and M.A. Bryan Engineering Inc., allowing them to plead a limitations defence at trial, as there was a factual dispute regarding discoverability.
However, the motion to add Tacoma Engineers Inc. was dismissed, as the court found the material facts against Tacoma were known or ought to have been known by the TNS Defendants by spring 2015, making the claim against Tacoma statute-barred.
