The plaintiff was injured in a motor vehicle accident and sued the driver of the other vehicle.
After the expiry of the limitation period, the defendant stated at discovery that he lost control on black ice and obtained leave to issue a third party claim against the municipalities for failure to maintain the road.
The plaintiff successfully moved to add the municipalities as defendants based on the discoverability principle.
The municipalities brought a motion for leave to appeal that order.
The court dismissed the motion, finding that the clock started to run only when the defendant raised the issue of winter maintenance, and the municipalities failed to meet the test for leave to appeal under rule 62.02(4).
