V. Purewal

The plaintiff was injured in a motor vehicle accident involving an American resident driver insured by GEICO.

The plaintiff issued a statement of claim just before the limitation period expired but was unable to locate and serve the American defendant for several years.

The plaintiff brought a motion to extend the time for service and for substituted service on the defendant's insurer.

During the reserve period of the motion, the defendant's insurer located the defendant.

The court granted the motion, finding that the plaintiff had taken reasonable steps to locate the defendant, provided an acceptable explanation for the delay, and the defendant would not suffer non-compensable prejudice.

The defendant private pre-school moved for summary judgment to dismiss a claim for breach of fiduciary duty brought on behalf of a four-year-old student who was required to withdraw due to repeated misbehavior.

The plaintiff failed to file any evidence in opposition to the motion.

Applying the Hryniak framework, the court used its enhanced fact-finding powers to conclude that the school's decision was contractual, not fiduciary, and that there was no evidence of damages.

The action was dismissed with costs awarded to the defendant.